May 14, 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 Commissioners Dunfield, Rundle, Henry, and Kennedy present.
With Commission approval Mayor Hack proclaimed the week of May 18 - 24, 2002, to be “National Safe Boating Week”; the month of May to be “Older American’s Month” and the third week of May to be “Senior Centers Week”; Wednesday, May 15, 2002 to be “National Employee Health and Fitness Day”, the week of May 19 – 25, 2002 to be “National Public Works Week”; and the week of May 12-17 to be “National Nursing Home Week.”
Mayor Hack recognized Margene Swarts, Community Development Manager for the City of Lawrence. She was named the “Nadine Birch” person of the year for the Kansas Chapter of the National Association of Housing and Redevelopment Officials.
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to approve the City Commission meeting minutes of May 7, 2002. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to approve claims to 357 vendors in the amount of $815,476.50. Motion carried unanimously.
As part of the consent agenda,it was moved by Rundle, seconded by Henry, to approve the Drinking Establishment License for Mass Street Deli, 940 Massachusetts; and, Coyotes, 1003 East 23rd Street (Contingent Upon State License). Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to concur with the recommendation of the Mayor and: appoint Maria Martin to the Convention & Visitors Bureau Board to fill the un-expired position of Jeremy Douglas, which will expire July, 1, 2004. Motion carried unanimously.
As part of the consent agenda,it was moved by Rundle, seconded by Henry, to approve purchase of 4.978 acres from Mary E. King for runway protection zone, in the amount of $16,750. Motion carried unanimously. (1)
As part of the consent agenda,it was moved by Rundle, seconded by Henry, to approve purchase of 24,672 square foot drainage easement from Stephen Robinson for the North Michigan Street Improvement Project, in the amount of $22,000. Motion carried unanimously. (2)
As part of the consent agenda,it was moved by Rundle, seconded by Henry, to approve the purchase of a 17,607 square foot drainage easement from Mark and Midge Grinstead for the North Michigan Street Improvement Project, in the amount of $15,000. Motion carried unanimously. (3)
The City Commission reviewed the bids for 6th Street, Monterey Way to Wakarusa Drive (KLINK), Mill, Overlay, Pavement Marking Improvements for the Public Works Department. The bids were:
BIDDER BID AMOUNT
Engineer’s Estimate $248,456.13
R.D. Johnson Excavating $182,527.05
LRM Industries, Inc. $190,621.85
Killough Construction, Inc. $195,701.08
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to award the bid to R.D. Johnson Excavating, in the amount of $182,527.05. Motion carried unanimously.
(4)
The City Commission reviewed the bids for one (1) sledge heater/heater exchanger for the Utilities Department. The bids were:
BIDDER BID AMOUNT
CAS Construction $117,600.00
Danis $187,000.00
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to award the bid to the low bidder meeting specifications, CAS Construction, in the amount of $117,600.00. Motion carried unanimously. (5)
The City Commission reviewed the bids for the Quail Creek Court Channel Crossing Repair for the Utilities Department. The bids were:
BIDDER BID AMOUNT
Engineer’s Estimate $38,750.00
SiteRite Construction $28,910.00
Razorback Construction $44,000.20
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to award the bid to the low bidder meeting specifications, Site Rite Construction, in the amount of $28,910.00. Motion carried unanimously. (6)
Ordinance No. 7529, rezoning 3.3 acres from PCD-2 (w/restrictions) to PCD-2 (w/restrictions), located on the East side of Comet Lane south of the intersection of 6th and Comet Lane (Z-01-01-02), was read a second time. As part of the consent agenda, it was moved by Rundle, seconded by Henry, to adopt the ordinance. Aye: Dunfield, Hack, Henry, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (7)
Ordinance No. 7522, rezoning 6,609 square feet (0.152 acres) from C-4 (General Commercial District) to RS-2 (Single Family Residence District), located at 201 East 13th Street (Z-11-39-01), was read a second time. As part of the consent agenda, it was moved by Rundle, seconded by Henry, to adopt the ordinance. Aye: Dunfield, Hack, Henry, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (8)
Ordinance No. 7473, rezoning 5.65 acres from A (Agricultural District) to O-1 (Office District), the property generally located northwest of the intersection of West 6th Street and Wakarusa Drive (Z-08-32-01), was read a second time. As part of the consent agenda, it was moved by Rundle, seconded by Henry,to adopt the ordinance. Aye: Dunfield, Hack, Henry, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to adopt Resolution No. 6374, authorizing $3,295,000 in general obligation bond authority for the improvement of West 6th Street, Folks Road to the SLT (K-10). Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to adopt Resolution No. 6384, ordering a public hearing on the advisability of improving/widening 6th Street for a dedicated westbound left turn lane into Comet Lane. Motion carried unanimously.
(11)
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to receive the proposed Capital Improvement Plan (CIP) for years 2003 through 2008. Motion carried unanimously. (12)
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to approve revised conditions of approval for annexation of 59.6278 acres north and west of Clinton Parkway. Motion carried unanimously. (13)
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to authorize the Mayor to sign a Release of Mortgage for Theresa Martin and Douglas Bergstrom, 645 Maine. Motion carried unanimously. (14)
Ann Evans, Executive Director, Lawrence Arts Center, presented a request from the Lawrence Arts Center for additional 2002 funding. The request was to provide funds for two part-time positions through the end of the fiscal year.
Commissioner Kennedy asked Evans what type of work these part-time persons would be focusing on.
Evans said the type of work would be supervision of the facility.
Commissioner Henry asked if Evans’ request is a budget item for this next year.
Evans said yes.
Commissioner Henry asked Evans if she had a sense of staffing needs in the short time the Center has been open.
Evans said she was gaining a better understanding as time went on. She said they would also be adding program staff. The Arts Center was not fully up and running yet, and she said she hoped to get income from the additional programming. She said there was a possibility the Arts Center did not need the additional staff as many hours as requested. Their hours will be scheduled in conjunction with activities.
Mayor Hack asked if the additional staffing request would allow the Arts Center to function until December and then request additional funding in the 2003 Budget.
Evans said yes.
Commissioner Kennedy said, with the Arts Centers request for funding next year, the City wants to ensure the public use of this building is safe and has quality care. He said the City should pay for this additional supervision and security of the building.
Mayor Hack said staff from the Arts Center is learning about the building as they use it. She said this was a reasonable request and the City would be protecting its investment.
Commissioner Rundle said the construction of the Arts Center cemented a public/private partnership for the Arts Center. He said he feels this facility will take the City a quantum leap above where the City has been and will go beyond even what was anticipated. He supported this effort to ensure success.
Commissioner Dunfield said while the Commission appreciates Evans’ willingness to take tickets and close the doors after a Saturday night performance, the Commission did not expect her to do this full time.
Moved by Kennedy, seconded by Hack, to approve the request from the Lawrence Arts Center for additional 2002 funding in the amount of $14,700. Motion carried unanimously. (15)
Sandra Day, Planner, presented the site plan for a professional office located on the southeast corner of 6th Street and Congressional Drive. She said this property has been in the Planning Office on and off for approximately 2˝ years as they have looked at commercial development between Wakarusa and the SLT. She said the Commission had before them a site plan that has been difficult for staff to review. There were several elements that have changed that have affected this property. The staff report reflects recommendations based on a recently adopted Access Management Policy regarding West 6th Street where driveways are located. The Commission also has a recommendation from staff regarding dedication of additional right-of-way consistent with the previous planning item that was brought before the City Commission last month. As staff talked with the applicant concerning access between Congressional and Wakarusa, a revised plat establishing cross-access between properties was approved and recorded. The southern driveway was constructed and provided access for large service type vehicles to the commercial center. She stated that it is a tight site and is difficult to have turning maneuvers the way the building was constructed. If the driveway were to be relocated, as recommended, there is a difficulty of achieving adequate separation between the two drives on the east side as well as the public street on the west side. Staff has provided the Commission with recommendations consistent with the current policies and plans that the Commission has recently acted upon. It has been a difficult project for staff and the applicant.
Phillip Divilbiss, Bristol Partners, contract purchaser, said he was emotional about having a problem with the site plan. He asked that it go on record that he considered Mike Wildgen, Linda Finger and Sandy Day, friends in a City type atmosphere. He said he did not try to ask for anything that was not reasonable. He said they try to build only nice things and try to do it above and beyond what the City expects.
Divilbiss said the site planning procedure is flawed and should be addressed, if not tonight, at least in the Commission’s thinking. He said when they first talked with staff; they thought they could take this driveway straight from the corner of the Hereford House, out to Congressional Drive. This was how it was originally platted. He said then it was decided that the driveway would be moved approximately 150’ to the south in order to have enough room for cars to stack onto Congressional. He said they did not like this, but understood, and accepted the change.
DiVilbiss said when it came time to site plan the driveways for service access, the City had adopted the Access Management Plan. At that time, his group did not own this property. He said they installed a driveway behind the Hereford House because the Fire/Medical Department thought it was a good idea to get trucks into the back. He said the driveway was never meant to be a thoroughfare. He said he built this driveway on Emprise Bank’s property at his own cost. When they site planned that driveway, staff said they needed to go 300’. He said they did not like this, but they said okay. He said City staff was kind enough to give them a temporary site plan which he could use for six years if they wanted or until 6th Street was finished out to the SLT. He said Emprise Bank refused to let them build it.
He said the way the process came about was with a preliminary type of plan. At that time everything was fine so he signed the contract and gave Emprise $100,000 down payment and had the Peridian Group draw-up the site plan. In January, the City adopted a 350’ setback requirement. He said if you move 350’ back, it is too close to the back service driveway. That means you only have one driveway. This proposed building may or may not be built. They had to make it part of the plan to demonstrate for the bankers that it as an income property. He asked the City Commission to approve this site as planned. He added if the rule today is 350’ and he asked for 300’ feet, the Commission shouldn’t give it to him. But, since they lived up to what it was supposed to be, then they would like the Commission to be consistent and fair and grant approval of the site plan.
Todd Thompson said he wanted to talk about the “moving target.” He said he obtained copies of staff reports and communications from the prior planning process for this site. On several dates, in the planning process, there was a reference to the 300’ setback. His point was to show the applicant has a factor of reliance on an agreement with the City that the setback would be 300’. He said you can’t negotiate a piece of property, resolve those details, talk to the engineers, come in and have a preplanning meeting with the City and do all that in a week. In this particular instance, the pre-submission meeting was in October 2000 and at that time the setback requirement was 300’. He said the engineer was instructed to prepare a site plan accordingly. The site plan that was prepared and moved the driveway to 300’. He said one thing Divilbiss failed to mention is the design makes sense for two reasons, not just because it is consistent with the agreement that was entered into and also consistent with the adopted West 6th Street Access plan at that time. It also lines up with Congressional Circle. For all of these reasons, the site plan was submitted with the driveway at the 300’ mark.
Thompson said they had three objections and the driveway issue just discussed was the first objection. He proposed a potential solution. He said the current language in the Access Management Plan said “no vehicular access shall be allowed from the cross streets within 350’.” He said one of his questions was whether the City was planning on closing Congressional Circle because it was within 350’. He said he doubted that was the City’s intention. He said they would propose, in lieu of the existing language which needed to be fixed to protect Congressional Circle, that the access management ordinance be revised to read “no access points shall be on those intersecting streets, except those that were in existence or approved prior to January 15, 2002. As a practical matter, that may only affect Congressional Circle and this particular driveway. This revision would allow the City to honor the agreement that was struck back in 1999-2000; it would allow for some practical arrangement of the driveway and Congressional Circle lining up across from each other; it would allow the applicant to keep this truck access one-way driveway which the Fire/Medical Department finds advantageous; and which has a number of safety features in terms of isolating the truck traffic from the more common in and out vehicular car traffic. He said they are asking the Commission to strike the condition and resolve that issue, if necessary, by amending the access plan to be consistent with what the Commission already committed to and to protect Congressional Circle as well.
Thompson said there was also an issue of the setback and right-of-way distance that is a “moving target” at this point. Right now, the proposed building could be located farther north on the site and still meet the current setback requirements. He said they were asked to move it back 25’ because of the knowledge that KDOT is going to come through and condemn right-of-way and widen the right-of-way. He said they agreed to move the building back, although technically, it could be 25’ closer.
Thompson presented the City Commission with a map depicting the parking configuration in the area. He asked the City Commission to remove the conditions that are not current site planning requirements, but would be future site planning requirements, specifically items 3, 4 and 5. Item 3 is the driveway issue; Item 4 is the parking lot; and, Item 5 is a proposed requirement that requires land be dedicated at this particular point in time for right-of-way purposes.
Thompson said there are a couple of problems with the land being dedicated. The lender who has a security interest on the property doesn’t allow a borrower to give their land away and this is not a platting process. As a practical matter, if this project is delayed by these types of conditions, then KDOT is going to be coming in and condemning the right-of-way regardless. He said they were requesting that they not be asked to give away land; that they be allowed to have their parking consistent with all the other parking in the center to the east; and, that they be allowed to have the two driveways as proposed all of which they believed is consistent with prior City agreements and with the best interest of the development of this site. He said they agreed to move the building back out of the future right-of-way and give up land as far as the building footprint goes. This was done voluntarily at the request of staff.
Divilbiss said because they haven’t closed on this property and Emprise Bank and the Michaelis family stilled owned it. He said they might not close on this until later in the Summer or Fall. He asked the current owners, if they would be willing to dedicate right of way to the City and the owners said no.
Commissioner Rundle asked staff, if they were to relax these conditions, is the Access Management Plan something that KDOT has to approve of or be informed of.
Mike Wildgen, City Manger, said yes, they should be advised of the Commission’s actions. The Commission adopted it and if the Commission did change it, you would amend the Ordinance. He said KDOT would be interested in what is going on but would not need to approve it.
Commissioner Kennedy said with a previous plat on this project showing that it was at 300’ before we adopted this new access policy, we should have some type of information for KDOT.
Commissioner Rundle asked Chuck Soules, Public Works Director, if he could comment on the proposed driveway that creates a four-way intersection with a public street and private driveway. He said it would appear that the intersection is not as desirable as the offset.
Soules said it was how the traffic behaves at an intersection versus the driveway. Drivers at the intersections expect and anticipate certain vehicular movements. Driveways do not function the same way.
Commissioner Rundle said, if it is moved further south 350’, would there be a conflict with the truck entrance.
Soules said yes.
Mayor Hack said that is why the recommendation is to have one entrance rather than two.
Dunfield said the City had an existing platted property which has already dedicated rights-of-way and easements and the City is now asking the applicant to make changes to that existing plat. He asked how common of an occurrence this was.
David Corliss, Assistant City Manager/Legal Services Director, said the frequency was a tough question, but he thought the City had precedent for this request. He said the City has precedent at the site planning stage as well. He said the City’s preference is to plat property, roughly concurrent with the site planning process so that it all happens at once. He said it was not uncommon in a site planning process to say that additional right-of-way dedication is needed. It was appropriate to require right-of-way dedication as a separate instrument. He said KDOT has informed the City that in three weeks, June 1st, KDOT was going to begin contacting property owners along the 6th Street Corridor indicating that they are going to be acquiring right-of-way for the 6th Street Improvement Project. The property on the north side between Congressional and Wakarusa, has within the past month, platted their property which includes the dedications for the 6th Street improvements in-line with the current 6th Street improvement plans.
Commissioner Dunfield said obviously a different set of requirements would apply for what could be considered the remainder of this development, the shopping center immediately to the east, because it’s already in place. He asked if staff anticipated that land was going to be acquired by a condemnation or some other process.
Corliss said it would be acquired through KDOT’s process. The City is paying 20% of that right-of-way cost. He said KDOT would work with the property owner. He said it will be appraised and if KDOT cannot negotiate a purchase amount, they’ll exercise their eminent domain authority and let a court determine a value for the property.
Commissioner Dunfield asked about the parking lot setback. He asked, as KDOT acquired land, and as they develop a design for the widening of 6th Street, did the City anticipate this would come into conflict with the existing parking lot in front of the Hereford House or was the City talking about the relative amount of greenspace the City would have between the parking lot and 6th Street.
Linda Finger, Planning Director, said the City would anticipate for this project and the properties further to east that it would come into conflict with some of the spaces and will end up as a loss of parking spaces in those centers.
Wildgen said Soules might know about KDOT’s specific plans.
Soules commented that, as KDOT buys the right-of-way, he did not think that KDOT was anticipating having any affect on setbacks, but only on undeveloped property.
Finger said the City has a 50’ green space setback requirement. The City is now looking at a 75’ setback.
Wildgen said the City did not know of any parking lot that would need to be acquired. He said he did not think the plans would show the parking lot itself would be acquired and moved, but certainly some of those setbacks would be affected.
Commissioner Dunfield said his impression was that if we were asking for an additional 25’ essentially what the City is saying is that potentially instead of a 50’ setback between the street and the parking lot, the City will end up with a 25’ setback between the street and the parking lot.
Finger said from 6th Street back, you would end up with 75’ rather than 50’.
Divilbiss described the parking lot they had by the Hereford House. He said from the parking lot out to the street, there is a 50’ setback. When KDOT gets through, they will take 10’ of grass. When they get further into the center, closer to shopping center sign sign, they will take 20’, which comes up to the tree line. The sign will stay, but the tree line will have to come back some. There will no longer be a 50’ setback, but 30’ and then it goes to 40’. As you get closer to Congressional, there is less space. As you get closer to Wakarusa, it fans out.
Divilbiss said when dealing with the State, they asked him if he would dedicate the ground for free to the State. He said they got in touch with the bank that was financing him and they agreed to pay for it.
Commissioner Rundle asked Soules if he had any additional comment on Congressional Court being out of compliance with the access management plan.
Soules had no comment.
Wildgen said the street has been out there longer than Divilbiss’ road.
Commissioner Kennedy said he was on the Commission when they discussed the center losing access to the highway and the center not having direct access when it was originally platted. The Commission came up with an agreement which there would be a temporary road built behind the Hereford House over to Congressional. This was much closer to the intersection, at this time, under the assumption that it was going to be removed later once the 6th Street plan came into effect. Since then, the plat showed the driveway 300’ back and conformed to the City’s regulations and recommendations from staff at that time. Now, the City has adopted new setback requirements. He thought that they should uphold their original agreement with the applicant concerning the 300’ setback so they can effectively use this property. He recommended staying with the original plat and suggested an amendment to the Ordinance to show that this is the only place that this will happen.
Commissioner Henry concurred.
Mayor Hack agreed. She said the comment about the “moving target” was appropriate and thought it was an issue of fairness. She said she did not think it was fair to change the rules in the middle of the game.
Commissioner Rundle said he agreed with the Commissioners’ comments so far. He said he wanted to recognize that the center has already been accommodating in the 6th Street project. They had lost their access and had not complained that they would be unduly harmed by losing this access. He said this compromise helps keep the integrity of this project even though all parties could not quite get everything to line up. He said he appreciated staff’s suggesting that the Commission amend the Ordinance to account for this pre-existing condition.
Commissioner Kennedy said, concerning item No. 4, he did not see any reason why they could not make the requirement 25’ instead of 50’. He also said he did not see how they could force anyone to make a dedication of right-of-way if they did not want to.
Commissioner Rundle said since this issue is not going to be moving forward rapidly, would it be good to communicate with KDOT.
Wildgen reminded the Commission that the access management Ordinance would not be amended at this time but could be on first reading as early as next week.
Commissioner Kennedy asked if they should adjust staff’s recommendation on this issue.
Finger said yes. Staff could remove Condition No. 4 and 5 dealing with the rights-of-way and moving the parking back and also, Condition No. 3, because it would comply with an amended ordinance. She said she might even suggest if the applicants are willing that the Commission table this issue until the ordinance is amended so it is procedurally correct. She recommended amending the ordinance then approving the plan that would comply with the amended ordinance. The 300’ setback came from discussions with KDOT. KDOT has reviewed the site plan and there were no comments, therefore, she did not anticipate this would be an issue with them, but it is in conflict with what the Commission has adopted.
Hack asked staff whether it would be best for the Commission to table this issue at this point, and bring it back after the ordinance was amended without Condition No.’s 4 and 5.
Finger said Condition No. 3 wouldn’t need to be there because it would be in compliance with the amended Ordinance.
Wildgen said the amended ordinance could be placed on the agenda next week with second reading the following week.
The City Commission took no action on site plan SP-03-16-20 (subject to conditions) for a professional office space located on the southeast corner of 6th Street and Congressional Drive (the site plan is expected to come back before the City Commission in two weeks for adoption, following the expected adoption of an ordinance amending the West 6th Street Access Management requirements between Wakarusa Drive and K-10 [Ordinance 7465]). (16)
Dennis Enslinger, Planner, presented the staff report concerning the registration of non-conforming uses and rental registration for property rezoned to RS in the Old West Lawrence neighborhood. He said in March 2002, the City rezoned a portion of the Old West Lawrence neighborhood and with that rezoning, they changed the zoning from RM-D (Duplex Zoning) to RS-2 (Residential Zoning) and that change created a number of non-conforming uses. At that time, the City Commission asked staff to investigate the non-conforming use issue related to that rezoning request. He said the two memo’s given to the Commission relate to this issue.
Enslinger said the first memo addressed the different types of non-conforming uses, which were duplex uses and were constructed legally at the time of the zoning. The second memo addressed the change in the definition for single-family. Again, the City has adopted provisions which outline the definition in RS districts as 3 individuals or less as a family unit, non-related. He said all other districts have 4 as the number of non-related individuals who can reside in a dwelling unit.
Enslinger said staff investigated the various issues and had made a recommendation regarding the change in the definition of single-family. Staff is recommending the Commission extend the deadline of recording of non-conforming uses within the rezoned area until August 1, 2005. This would give property owners within the rezoned area approximately the same amount of time that other property owners had to adjust to the provisions of the change in single-family.
Enslinger said the second memo deals with trying to identify and record the non-conforming uses with the rezoning request approved in March when the City Commission adopted an ordinance requiring property owners to record their non-conforming uses. The draft ordinance before the City Commission tonight extends that time because staff was unable to get these issues prior to that. He said staff is asking for an extension of that ordinance to allow for adequate time to record the non-conforming uses.
Moved by Rundle, seconded by Kennedy, to place on first reading, Ordinance No. 7530, registration of non-conforming uses created by Ordinance No. 7510. Motion carried unanimously. (17)
Moved by Rundle, seconded by Kennedy, to place on first reading, Ordinance No. 7531, rental of single-family attached or detached dwellings in property zoned RS pursuant to Ordinance No. 7510. Motion carried unanimously. (18)
During the Commission Items portion of the meeting, Commissioner Rundle commented on a possible staff audit of City take home vehicles, by saying that it comes out of a desire for a good government that the City Commission better assess economy, efficiency and effectiveness of management and services with timely and complete information. He said his interest was having a Budget Analyst or City auditor or staff do the audit, but last year a majority of the Commission indicated that they did not share that interest. He said a comment was made that staff could provide an audit role if the Commission needed it. He said he previously provided an example of the take-home vehicle audit from Kansas City, Missouri. He said he has not discussed this issue with staff or the Commission and understood there was some concern from staff members because they might lose the tools they need to get their work done. He wanted to reassure staff that it was not his intent to arbitrarily take away vehicles that are important in getting the work done. He said any comments are purely speculatory and hoped that reassurance gets out to staff. Ownership of a vehicle fleet and operational costs can be significant. He said what he wanted to know from staff, among other things, is how many vehicles the City does have. He said he thought it was appropriate to learn how many vehicles did the City own and maintain, how many are assigned on a take-home basis, whether or not the City had policies in the management staff for assigning those vehicles; and, if there is any regular review of the policies. The vehicle fleet is a system like streets, waterlines and public safety departments and they all needed to be treated systematically and assessed for their condition. Obviously, like having an auditor, this takes a majority view of the Commission. He was interested in questions from his colleagues and input from staff.
Commissioner Henry requested additional information and said he would review the suggested websites before commenting.
Mayor Hack also requested additional information before providing additional comments.
Moved by Rundle, seconded by Henry, to recess into executive session at 7:50 p.m., to discuss the possible acquisition of real property for twenty minutes. Motion carried unanimously. (19)
The Commission reconvened from executive session at 8:10 p.m., at which time it was moved by Rundle, seconded by Dunfield, to adjourn the meeting at 8:10 p.m. Motion carried unanimously.
APPROVED:
_____________________________
Sue Hack, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
COMMISSION MEETING MAY 14, 2002
1. Real Estate Purchase – 4.978 acres, for runway protection zone, for $16,750.
2. Drainage Easement Purchase – 24,672 sq. ft. for N Mich St Improvement Project.
3. Drainage Easement Purchase – 17,607 sq. ft. for N Mich St Improvement Project.
4. Bid – 6th St, Monterey Way to Wakarusa, Mill Overlay & Pavement Marking to R.D. Johnson for $182,527.05.
5. Bid – 1 sledge heater/heater exchange to CAS Construction for $117,600.
6. Bid – Quail Creek Court Channel Crossing Repair to SiteRite Construction for $28,910.
7. Ordinance No. 7529 – 2nd reading, rezone (Z-01-01-02) 3.3 acres, PCD-2 (w/restrictions) to PCD-2 (w/restrictions) E of Comet Ln, S of intersection of 6th & Comet Ln.
8. Ordinance No. 7522 – 2nd Reading, rezone (Z-11-39-01) 0.152 acres, C-4 to RS-2, 1201 E 13th.
9. Ordinance No. 7473 – 2nd Reading, rezone (Z-08-32-01) 5.65 acres, A to O-1, NW of intersection of W 6th & Wakarusa.
10. Resolution No. 6374 – GOB, $3,295,000 for W 6th St., Folks Rd to SLT (K-10).
11. Resolution No. 6384 – Order Public Hearing, 6th St, W bound left turn lane into Comet Ln.
12. Capital Improvement Plan – for 2003 – 2008.
13. Annex – Revised conditions of 59.6278, N & W of Clinton Pkwy.
14. Mortgage Release – 645 Maine, Theresa Martin & Doug Bergstrom.
15. Lawrence Arts Center – Additional funding for $14,700.
16. Site Plan – (SP-03-16-02) professional office, SE corner of 6th & Congressional.
17. Ordinance No. 7530 – 1st Reading, registration of non-conforming uses created by Ordinance No. 7510 & repeal Ordinance No. 7511.
18. Ordinance No. 7531 – 1st Reading, rental of single-family attached or detached dwellings in property zoned RS pursuant to Ordinance No. 7510.
19. Executive Session to discuss acquisition of real property.