June 11, 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.
Mayor Hack presented a framed poster of a new postage stamp that honors the heroes from September 11, 2001 that was presented to the City in a ceremony earlier in the week. She said a portion of the cost of the stamp would go to a relief fund.
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the City Commission meeting minutes of June 4, 2002. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, approve claims to 423 vendors in the amount of $3,155,549.66. Motion carried unanimously.
As part of the consent agenda,it was moved by Rundle, seconded by Kennedy, to approve the Cereal Malt Beverage License for KOA Campground, 1473 Hwy 40 and the Retail Liquor License for Parkway Liquor, 3514 Clinton Parkway, Ste: B. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the purchase of Aries video equipment and accessories for sanitary sewer inspection services in the Utility Department, in the amount of $24,649.44. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the City Manager to execute an engineering design contract with Peridian Group, Inc., for Overland Drive, Wakarusa Drive to Queens Road, in the amount of $105,800.00. Motion carried unanimously. (2)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the City Manager to execute an engineering design contract with Peridian Group, Inc., for Congressional Drive, 6th Street to Overland Drive, in the amount of $54,997. Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to adopt Resolution 6390, establishing July 16, 2002 as the public hearing date for permanent improvements of Wakarusa Drive, from Eisenhower to Queens Road. Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to refer a staff report concerning possible amendments to the City’s Truck Delivery Route City Code provisions to the Traffic Safety Commission for recommendations. (5)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the site plan (SP-05-30-02) for the addition of a temporary classroom building located at 1400 Massachusetts, subject to the following conditions:
1. Execution of a site plan performance agreement;
2. Provision of a note on the face of the site plan stating the anticipated time frame for use of the portable building; and,
3. Provision of a note on the face of the site plan stating that the parking lot will be re-striped per City Code prior to occupancy of the portable building.
Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to receive a draft Supplemental Agreement with the Kansas Department of Transportation for 6th Street, Champion Lane to the South Lawrence Trafficway regarding the People’s Bank access point; and to refer it to staff for a report. Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for Jonathan and Jennifer Groene, 1311 West 21st Terrace, Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for William Saturday, 1308 Rhode Island. Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for Ben and Floy Standard, 2224 Barker. Motion carried unanimously. (10)
Following his request to remove two issues from the consent agenda concerning rezoning of the southwest corner of West 6th Street and East 1100 Road (Folks Road) and the protest petition for these two rezoning recommendations, Commissioner Dunfield asked staff to clarify the impact of the protest petition on the City Commission’s possible actions.
David Corliss, Assistant City Manager/Director of Legal Services, said when a Planning Commission recommendation comes to the City Commission, a super majority vote would be needed to change that recommendation. In this situation, you have a Planning Commission recommendation to rezone this property a certain way. There is a valid protest petition against that Planning Commission recommendation. In order to approve the Planning Commission’s recommendation, it would require a 2/3 approval vote, which means four affirmatives votes would be required to approve the Planning Commission’s recommendation.
Commissioner Dunfield said another reason he wanted to discuss these rezonings was because there is an opportunity for the City to be proactive in a zoning situation. He discussed a map of the area and pointed out the area that was part of the applicant’s development proposal and which was acted on by the Planning Commission. He also pointed out another parcel to the east that was also zoned agricultural and involved the potential extension of Folks Road to the south. Dunfield said, in his opinion, those parcels need to be considered simultaneously with the parcel that the Planning Commission has already looked at. He said he would like the City Commission to consider bringing these issues back to the Commission earlier than August. He said he did not think they needed to see a development plan in order to talk about the rezoning. The issues can legitimately be looked at separately. He said he would also like at the same time, when the City Commission considers the decision on this parcel, consider a rezoning of that portion that involves the potential extension of Folks Road to the south.
Commissioner Rundle asked Commissioner Dunfield when he mentioned the word “consider” did that mean consider recommending or initiating the discussion of that other parcel.
Dunfield said he would like the Commission to be able to view the entire parcel as one and make a rezoning recommendation.
Kristen Fink, Lawrence, said she concurred with Commissioner Dunfield’s assessment of the area and a plan considered for the entire area. She said, according to Horizon 2020, the western land use map showed the area planned as low-density residential development. She said this would work well for the problems associated with 6th Street, which include traffic problems that exist today. The residential area all the way to 6th Street would also provide a break in traffic entering 6th Street. She said there has been some discussion that homes shouldn’t back onto a main arterial street. However, she said she knew this was being done in other areas in town and also areas in Kansas City where appropriate berms and stone fences provide enough of a shield between the traffic and the homes. Horizon 2020 has a lot to say about infill area and she said this property in the southern area was infill and it did not encourage the placement of medium to high-density developments into existing neighborhoods which she felt the proposed development was doing to the neighborhood. She supported Commissioner Dunfield’s proposal, but she said consideration should also be given to a plan for the City, which is in Horizon 2020.
Dan Pennington, Lawrence, stressed a point Commissioner Dunfield mentioned which was being proactive in the zoning request. He said any development should follow zoning and zoning should not follow development.
Mayor Hack said there were two issues that Commissioner Dunfield was addressing which were the length of time and the property to the east. She said she appreciated looking at the total picture and allowing sixty days is an appropriate amount of time. This would allow for some issues on Folks Road and allow for some continued dialogue with the neighborhood and also a possibility of a site plan.
Commissioner Rundle asked if the Commission was to bring this back as a Commission item, would it be for discussion and giving direction to the Planning Commission.
Commissioner Dunfield said the Commission would be initiating a rezoning which then would go to the Planning Commission.
Commissioner Rundle asked if staff would have time to prepare a report on this issue before the City Commission meeting next week.
Linda Finger, Planning Director, asked if the City Commission was talking about the Folks Road properties to the east.
Commissioner Dunfield said they already have an issue to act on, on the western half, but nothing under consideration on the eastern half. He said the City would benefit by considering this entire area. He said he would like to see a comprehensive look at a zoning proposal based on the Comprehensive Plan for this area.
Finger said staff had several schematic plans and staff could bring several different concepts of what the Commission could initiate for rezoning. She said the Commission might want to delay these rezonings until they have the east tracts included.
Commissioner Kennedy asked if some of these Preliminary Development Plans show Folks Road continuing.
Finger said all the plans show Folks Road continuing. All of the concepts show Folks connected to Mulberry, it was just a matter of the alignment of the roadway.
Commissioner Rundle asked, other than meeting with neighbors and discussing alternatives, what would be different in August.
Finger said the Planning Commission directed staff to work with the applicant to come up with a plan that would fit one of our area plans. She said she was not certain what the applicant would be doing, but staff would be discussing this issue with the Planning Commission concerning taking RS zoning up to the RO-1A line and leaving the transition between your low-density single family and medium density around that line. Finger said if the Commission wants to control when the rezonings come back, it might want to take an action to table these issues.
Commissioner Rundle asked, if they were to table these rezonings tonight, could they act on the deferral at a later time.
Commissioner Henry said he thought there should be a lot more discussion and consideration of these issues.
Following discussion on the above-mentioned rezoning items, it was moved by Kennedy, seconded by Rundle, to table the rezoning recommendations until the June 18th City Commission meeting. In addition, the Commission acknowledged the receipt of the valid protest petition. (11)
Mayor Hack called a public hearing on the proposed left turn lane improvements on West 6th Street, near Comet Lane.
David Corliss, Assistant City Manager/Legal Services Director, presented the report on the proposed left turn lane improvements on West 6th Street, near Comet Lane.
Todd Thompson, owner of Lot No. 4 in the proposed benefit district, said he bought that lot approximately one year ago. At that time, when he initially purchased that lot, the issue of the benefit district to improve 7th Street was being discussed. He said at that time, Lot 3 had no frontage on 7th Street and during the negotiations, he suggested lot 3 would be generating more traffic on 7th Street than his property would. He said he was told by staff that he could not be assessed any portion of the cost of 7th Street because he did not have any frontage on 7th Street. He said with that understanding, he negotiated his transaction. He said they have a small piece of frontage on 7th Street and they are paying a small piece of that benefit district which was approximately $80,000.
He said he received a letter stating that he was being included in a benefit district to pay for 6th Street, but he has no front footage on 6th Street. There are four lanes of traffic on 6th Street and a left turn lane at Monterey Way. In terms of serving those bordering properties, it’s adequate. What makes it inadequate is the huge number of vehicles moving through that neighborhood. 6th Street is a major arterial and a State Highway that is creating an immense amount of traffic. He said left turn lanes were needed for safety. He asked if there were any traffic counts to show how much of the traffic on 6th Street actually goes to the areas that are being asked to pay for this improvement. He also asked what is the estimated contribution of traffic to his tract of land for this improvement. He wanted to know why he was being included in a benefit district if he had no frontage on 6th Street and he also had to pay for 7th Street. He asked the City Commission that he not be included in the 6th Street benefit district.
Ann Haley, Lawrence, said she owned Lot 6 in the area and did not have frontage on 6th Street. She said they were already paying for a benefit district for Comet Lane. She said she did not see any benefit to an unoccupied parcel of land for the left turn lane on 6th Street.
Chris Haley, President, Comet Corporation, said he had a small corporation of approximately 15-20 employees. He said there was a requirement for Lot 1 to be in a benefit district and they definitely need the benefit district and should pay for it. He said Comet Corp. has been in that location for approximately 30 years and have been in Lawrence since 1968. He said they were a small company and to bite off an assessment that is projected, is going to be more than they could handle. He said this benefit district would drive him out of this area. He said Lots 1, 2 and 5 are the lots that generate most of the traffic. He said he thought maybe it would be best to put a “Do Not Enter” sign on Comet Lane, so that you couldn’t take a left turn and make it a one-way street so they would need to use 7th Street.
Ann Haley said she thought the apartment complex and Stone Canyon generated a lot of traffic and would be the ones that would benefit.
Corliss said as a reminder, at this hearing the Commission could not increase the size of the benefit district, but could make it smaller. He said the Commission could also change the portion of the costs between the City and the benefit district.
Wildgen said the method of assessment was square footage and mentioned the method of assessment could be changed including the possibility of attributing Lot 1 with a higher percentage than the other lots.
Corliss said while that is possible the Commission would have to have a strong basis for picking one lot for a different method.
Mayor Hack asked if staff indicated to the property owner’s of Lot 1, that it was a condition of development and did Lots 2 and 3 have an agreement not-to-protest a benefit district.
Corliss said it was his understanding it was just Lot 2.
Thompson asked what the maximum dollar amount for Lot 2 was in the agreement not to protest.
Corliss said approximately $8,600.
Commissioner Rundle asked about the fifth lane to be constructed and whether it was in the middle of 6th Street or was staff talking about a deceleration lane.
Corliss said they were not talking about a deceleration lane.
Commissioner Rundle asked if a trip generation was only relevant when you have property that was already developed.
Corliss said the City had never assessed based on trip generation in a pure analytical sense. He said there are some communities that have looked at trip generation as a method for determining assessments on property. He said Topeka has used that method in the past. He said Topeka classified certain property, apartments for example, and had used the traffic engineer’s book that listed what the trip generation was and the assessment was based on that particular classification.
Commissioner Rundle asked if parcel 1 was developed and could you apply this type of trip generation method of assessment to this benefit district.
Corliss said if it was for a future use, you could, but you run into some interesting legal issues. The Kansas Supreme Court has clearly articulated that it’s not the particular use of the property that benefits from the public improvement, but it is the property itself that benefits.
Commissioner Kennedy asked if that is why the City generally had square footage or front footage methods of assessment
Corliss said yes.
Chris Haley said he wanted to ask, on behalf of Comet Corporation, that its assessment be reduced.
Commissioner Rundle asked if their assessment was reduced for the Comet Lane benefit district.
Haley said he thought it was reduced but he was not certain.
Corliss said he did not think Haley’s assessment was reduced for Comet Lane.
Thompson said Lot 4 had no frontage on either 6th Street or Comet Lane, but all of the other lots do. The left turn lane that is being proposed is to serve Comet Lane.
Moved by Rundle, seconded by Dunfield, to close the public hearing. Motion carried unanimously.
Commissioner Henry said Thompson’s statement that he has no frontage on either Comet Lane or 7th Street was compelling.
Mayor Hack concurred with Commissioner Henry. She said the least interested party would be Lot 4 in terms of this benefit district.
Commissioner Kennedy said the Commission had gone through this type of issue with Comet Lane and it was impossible to come up with a resolution. He said the best resolution would be for the City to pay for the benefit district at large, but that was not what they are deciding. He said Lot 1 was the one that initiated this left turn lane and Lot 2 knew this would happen once the development occurred, but they opted to pay $8,600 and would benefit from the safety that a left turn lane would achieve.
Commissioner Dunfield asked if the $8,600 amount was the limit of their agreement not-to-protest.
Corliss said the property owner would pay up to $8,600 in construction cost for the improvement. He said it was not a limitation from the City, but a pledge from the property owner.
Commissioner Rundle said it sounds to him that this was the amount they agreed to pay without protest. If the City assessed them higher, they would have a re-course of protesting. He asked Corliss what it took to protest.
Corliss said it took written protests from both 51% or more of the resident owners of record of property within the improvement and the owners of record of more than half of the total area of the benefit district.
Commissioner Dunfield asked if the City could use front footage for Comet Lane. He said this was a left turn lane that was being created for Comet Lane.
Corliss said the improvement is on 6th Street. He said they were going to widen 6th Street. A middle fifth lane would allow for westbound traffic on 6th Street.
Commissioner Dunfield said if the City can’t use front footage on Comet Lane as a method of assessment for this benefit district, he did not understand how the City could include any property that did not touch 6th Street.
Corliss said that may be a valid argument as to changing the benefit district, but he thought you could establish a benefit district along these lines, because all those properties will have some benefit by enhancing the left turn lane.
Commissioner Dunfield said if you could make that argument for a square foot assessment of those properties, why couldn’t you make the same argument for a front footage for those same properties.
Commissioner Kennedy said they have already done the improvement on Comet Lane and the City has charged them for that improvement.
Commissioner Dunfield asked how they could charge Lots 4, 5 or 6 for this benefit district because they didn’t touch 6th Street.
Corliss said the benefit district resolution method of assessment is based on square footage. He said if the Commission wants to do front footage, staff would find a way to defend it. He said the best defense would be the square footage method of assessment.
Mayor Hack said she appreciated the access to Lots 5, 6 and 7, but had a problem with doubling up on what the City was asking them to do because they have already been in a benefit district to improve Comet Lane and 7th Street.
Corliss said Hy-Vee paid for all of their improvements on 6th Street. The City and State are going to pay for all of the improvements on 6th Street between Wakarusa and Folks.
Mayor Hack asked how should the City proceed from a procedural standpoint.
Corliss said they would need to see what was the consensus of the Commission, whether the project should proceed as a benefit district, the option of square footage or front footage, and any City participation.
Commissioner Rundle said it sounds like the City is limited on the various methods of assessments.
Moved by Henry, seconded by Hack, to remove tract 4 from the proposed benefit district. Aye: Hack, Henry, Dunfield and Rundle. Nay: Kennedy. Motion carried 4-1.
Kennedy asked if they could assess each lot on a percentage basis.
Corliss said you would need some rational basis for the percentage method. Traffic generation would require staff to acquire a methodology. Front footage needs to come off 6th Street.
Kennedy suggested Lot 1 pay 40%; Lot 2, 20% and Lot 3, 4, 6, and 7 pay 5%; and, Lot 5 would get the remainder.
Corliss said staff could take a look at that method. One of the challenges that municipalities have had in recent years has been some of the opinions of the Attorney General’s Office on the bond proceedings in regards to special assessments. He said he wants to run this issue by the City’s Bond Counsel. He said he saw the rationale for what Commissioner Kennedy was saying as being the closer a property is to the intersection, the more it benefits.
Mayor Hack asked Corliss if he could come back to the Commission with figures on the square footage and front footage method of assessments.
Commissioner Dunfield asked if Corliss could look at the front footage of both 6th and Comet as an option.
Corliss said yes.
Commissioner Rundle said it looked to him like the way the lots were right now that square footage seemed fair.
Commissioner Kennedy said if Commissioner Dunfield wants to take Comet Lane and 6th Street then the City needs to get rid of Lot 3 because it had no front footage.
Moved by Henry, seconded by Hack, to defer further discussion on the proposed benefit district for three weeks at which time staff will present a report on the possible methods of assessment. Motion carried unanimously. (12)
Moved by Dunfield, seconded by Kennedy, at 7:35 p.m. to recess into executive session for twenty minutes with the City Attorney on matters which are deemed privileged under the attorney-client relationship for twenty minutes. Motion carried unanimously. (13)
The City Commission reconvened from executive session at 7:50 p.m.
Commissioner Rundle asked about the supplemental agreement with KDOT concerning 6th Street, Champion Lane to the South Lawrence Trafficway regarding the People’s Bank access point and could staff bring this issue back to the Commission as a Resolution.
Wildgen said yes.
Moved by Kennedy, seconded by Henry, to adjourn at 7:55 p.m. Motion carried unanimously.
APPROVED:
_____________________________
Sue Hack, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
COMMISSION MEETING JUNE 11, 2002
1. Purchase – Aries video equipment & accessories for sanitary sewer inspection services in the Utility Dept for $24,649.44.
2. Engineering Design Contract – Peridian Group for Overland Drive, Wakarusa Drive to Queens Road for $105,800.
3. Engineering Design Contract – Peridian Group for Congressional Drive, 6th Street to Overland Drive for $54,997.
4. Resolution No. 6390 – Public Hearing date of July 16, 2002 for Wakarusa from Eisenhower to Queens Rd.
5. City’s Truck Delivery Route – to TSC for recommendation.
6. Site Plan – (SP-05-30-02) Temporary Classroom, 1400 Massachusetts.
7. Supplemental Agreement – KDOT for 6th St, Champion Lane to S Lawrence Trafficway, People’s Bank access point.
8. Mortgage Release – Jonathan & Jennifer Groene, 1311 W 21st Terr.
9. Mortgage Release – William Saturday, 1308 Rhode Island.
10. Mortgage Release – Ben & Floy Standard, 2224 Barker.
11. Rezoning – (Z-02-05-02A & Z-02-05-02B) SW corner of w 6th (Tabled until June 18th)
12. Resolution No. 6388 – Benefit District established for W 6th Street, near Comet Ln. (Tabled for three weeks)
13. Executive Session to discuss attorney-client privileged matters.