July 11, 2006

The Board of Commissioners of the City of Lawrence met in regular session at 5:00 p.m., in the City Commission Chambers in City Hall with Mayor Amyx presiding and members Highberger, Hack, Rundle, and Schauner present.

CITY MANAGER’S REPORT:

During the City Manager’s Report, Dave Corliss, Interim City Manager, said given the length of the City Commission’s agenda, he asked the City Commission to review his report and he would respond to any questions at a later date, but wanted the Commission to note the information about water supply that Chris Stewart, Assistant Utilities Director, drafted.

CONSENT AGENDA

As part of the consent agenda, it was moved by Hack, seconded by Schauner, to approve the City Commission meeting minutes of June 20, 2006 and June 27, 2006. Motion carried unanimously.
As part of the consent agenda, it was moved by Hack, seconded by Schauner, to receive the Lawrence-Douglas County Housing Authority Board meeting minutes of May 22, 2006; the Mental Health Board meeting minutes of May 30, 2006; and the Planning Commission meeting of April 17-19, 2006 and May 22-24, 2006. Motion carried unanimously. 
As part of the consent agenda, it was moved by Hack, seconded by Schauner, to approve claims to 502 vendors in the amount of $4,053,429.11 and payroll from June 25, 2006 to July 8, 2006, in the amount of $1,681,041.46. Motion carried unanimously. 
As part of the consent agenda, it was moved by Hack, seconded by Schauner, to approve the Drinking Establishment License for the Sandbar, 17 East 8th Street, and Retail Liquor Licenses for Ray’s Liquor Warehouse, 1215 West 6th and Ray’s Wine & Spirits, 721 Wakarusa, Ste: 107.  Motion carried unanimously. 

As part of the consent agenda, it was moved by Hack, seconded by Schauner, to concur with the recommendation of the Mayor and appoint Tim Kaufman to the Board of Electrical Examiners and Appeals to a term which will expire on March 31, 2007 and B.J. LaBounty to a term which will expire on March 31, 2008; reappoint Truman Waugh to the Douglas County Emergency Management Board to a term which expires on July 1, 2007; and appoint Robert Rhoton to the ECO2 Commission to a term which expires on June 30, 2010. Motion carried unanimously.

As part of the consent agenda, it was moved by Hack, seconded by Schauner, to authorize the City Manager to enter into a contract with New Horizons Computer Learning Center to provide PC software training for City and County Employees for a cost not to exceed $695 per day. Motion carried unanimously. (1)

As part of the consent agenda, it was moved by Hack, seconded by Schauner, to set the bid date of July 25, 2006 for Alley Reconstruction, 10^th Street to 11^th Street, between Massachusetts and New Hampshire. Motion carried unanimously. (2)

The City Commission reviewed bids for the building maintenance for the New Hampshire and Riverfront Plaza Parking Garages. The bids were:

BIDDER BID AMOUNT

Engineer’s Estimate $497,250.00

Western Waterproofing Company $316,701.00

John Rohrer Constructing Company $457,979.50

CCS Roadway Enterprises $500,696.56

As part of the consent agenda, it was moved by Hack, seconded by Schauner, to award the bid to Western Waterproofing in the amount of $316,701. Motion carried unanimously. (3)

As part of the consent agenda, it was moved by Hack, seconded by Schauner, to approve a 60-month lease/purchase agreement with Lighthouse technology for a total amount of $37,468 for the Konica-Minolta C500 multi-function printer/copier (City Hall) as well as a separate service and supplies agreement for operational expenses. Motion carried unanimously. (4)

As part of the consent agenda, it was moved by Hack, seconded by Schauner, to authorize the City Manager to execute an agreement with the University of Kansas Public Research Institute (PRI) in the amount of $6,000.00 for economic development research pursuant to their June 28^th, 2006 proposal. (5)

As part of the consent agenda, it was moved by Hack, seconded by Schauner, to authorize the City Manager to enter into a design/build services contract with the design/build team of CAS Construction/Professional Engineering Consultants in the amount of $403,000 for preliminary design/build services for the construction of Pump Station 48, its associated forcemain and a portion of the upstream gravity sewer network in accordance with the recommendations in the 2003 Wastewater Master Plan and direction provided by the City Commission on April 11, 2006. Motion carried unanimously. (6)

As part of the consent agenda, it was moved by Hack, seconded by Schauner, to direct staff to decline participation in the Mid America Council of Public Purchasing for appropriate City vehicles and purchases. Motion carried unanimously. (7)

Ordinance No. 7993, rezoning (Z-06-40-05) 37.580 acres from A District to RS-2 District described being generally located south of East 23^rd Street/K-10 Highway between O’Connell Road and Franklin Road, was read a second time. As part of the consent agenda, it was moved by Hack, seconded by Schauner, to adopt the ordinance. Aye: Amyx, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (8)

Ordinance No. 7994, rezoning (Z-06-38-05) 35.211 acres from A District to RM-D District described being generally located south of East 23^rd Street/ K-10 Highway between O’Connell Road and Franklin Road, was read a second time. As part of the consent agenda, it was moved by Hack, seconded by Schauner, to adopt the ordinance. Aye: Amyx, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (9)

Ordinance No. 8010, rezoning (Z-03-07-06) 4.6 acres from M-2 District to O-1 District at 2001 Haskell Avenue, was read a second time. As part of the consent agenda, it was moved by Hack, seconded by Schauner, to adopt the ordinance. Aye: Amyx, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (10)

Ordinance No. 8011, rezoning (Z-04-09-06) .28 acre from RO-1 District to RM-3 District at 640 Arkansas Street, was read a second time. As part of the consent agenda, it was moved by Hack, seconded by Schauner, to adopt the ordinance. Aye: Amyx, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (11)

Ordinance No. 8020, authorizing industrial revenue bonds for the refinancing and expansion of Lawrence Memorial Hospital, was read a second time. As part of the consent agenda, it was moved by Hack, seconded by Schauner, to adopt the ordinance. Aye: Amyx, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (12)

As part of the consent agenda, it was moved by Hack, seconded by Schauner, to approve bike lane markings on Naismith Drive, from 19^th to 23^rd Street, to Phase 2 of the 2006 Overlay and Curb Repair Program. Motion carried unanimously. (13)

As part of the consent agenda, it was moved by Hack, seconded by Schauner, to authorize the Mayor to execute necessary documents in the event the Lawrence-Douglas County Housing Authority acquires the Clinton Place Apartments, 2125 Clinton Parkway. Motion carried unanimously. (14)

As part of the consent agenda, it was moved by Hack, seconded by Schauner, to authorize the City Manager to execute a license agreement with Brook Creek Neighborhood Association for the use of a tract of land at 1205 Brook as a neighborhood garden. Motion carried unanimously. (15)

As part of the consent agenda it was moved by Hack, seconded by Schauner, to authorize the Mayor to sign a Release of Mortgage for Carolyn Buchanan, 2707 Rawhide Lane; Kathryn (Newell) Andrew, 410 Minnesota; Rudolph Schulz, 422 Lincoln; and Audra Spurlock-Read, 1415 Clare Court. Motion carried unanimously. (16)

REGULAR AGENDA ITEMS:

Consider the following long term transportation items:

a) Provide direction on KDOT 5-Year Plan.

b) Consider approving submittal of project request form for improvements to 19^th Street and Louisiana Street and inclusion into the 5-Year Plan with KDOT. (Approve lengthening of left turn lane on 19^th Street east of Louisiana, construction of center turn lane on 19^th Street west of Louisiana, and construction of bus turnout lane on Louisiana south of 19^th Street.)

Chuck Soules, Public Works Director, presented the staff report. He said the City currently had an approved 5-Year Construction Plan with the Kansas Department of Transportation (KDOT). On that plan were several projects which were:

▪ Kasold Drive Bridge over the KTA. This project is underway.

▪ 23^rd Street, Iowa to Louisiana. This project is the city’s Access Management Project scheduled for bid in June 2007. This project is funded as Economic Development.

▪ Kasold Drive, Peterson to KTA. This project is scheduled to bid October 2006. Final plans are complete. Some right-of-way needs to be acquired. The State is reviewing final plans.

▪ Intersection, North 2^nd Street and Locust Street. Rebuild intersection. This project is scheduled to bid in October 2007.

▪ Intersection of K-10 and Harper. This project is for the construction of a right turn lane on northbound Harper to eastbound 23^rd Street / K-10. Scheduled to bid January 2008. This project is a geometric improvement.

▪ 31^st Street, Ousdahl Road to Louisiana. Due to limited Federal funding, staff is recommending that this project be removed from the plan and replaced with 19^th & Louisiana. The project is scheduled for October 2008. Part of this street is outside the city limits and will require County participation. The State has set a maximum Federal participation of $400,000 on this project. Estimated cost will be between $3-4 million.

▪ Kasold Drive, 6^th to 15^th. In 2005 the City Commission approved placing this project on the 5-Year Plan for FY 2010; however, due to a shortage of funds was not approved. Estimated construction cost - $4,000,000.

Other option evaluated included:

§ 23^rd Street and Iowa. Construct geometric and traffic signal improvements including construction of double left turn lanes with a median and right turn lanes on all four legs of the intersection per the study completed by TranSystems Corporation in 1999. Estimated construction cost = $2,800,000. This project needs additional review. Right-of-way costs may be excessive, potentially doubling the cost of the project.

§ 6^th and Michigan Intersection Improvement. Construction of a left turn lane on Michigan, south bound. Traffic volumes warrant a separate left turn lane at this intersection. Estimated construction cost is $900,000.

§ Kasold Drive, Trail Road to Peterson Road. Before annexation Kasold Drive was an old county chip seal road. Curb and gutter were added after annexation. The road has significant structural issues and will need to be reconstructed. Estimated cost of approximately $4,000,000.

§ Bob Billings Parkway, from George Williams Way to Frontage Road. This would be the extension of Bob Billings Parkway to K-10 access. This project does not include an interchange. Costs need to be reviewed (at this time estimate $2.5 million).

§ 19^th Street, (Ohio to Alabama) and Louisiana Street Intersection Improvements. This section of road has a PCI of 31.5. This project could also include the lengthened left turn lane on 19^th to southbound Louisiana, a third center turn lane on 19^th west of Louisiana, and a widening of the return radius northbound to eastbound. This project would not construct a roundabout at this intersection. Signals could also be improved for the protected westbound to southbound left turn. Estimated cost, $800,000.

He said concerning the 5 Year Plan, instead of 31^st Street from Ousdahl Road to Louisiana project which was currently on the plan, staff proposed implementing the project at 19^th Street and Louisiana. He said the project at 19^th and Louisiana was in line with the 2008 Pavement Management work scheduled for mill and overlay, and curb repair from Massachusetts to Naismith Road on 19^th Street. He said with state participation in this project, the project would fit well into KDOT’s budget.

Commissioner Schauner asked about the City’s cost to construct the bus pullout lanes on Louisiana Street.

Soules said the cost was approximately $40,000.

Commissioner Schauner said with respect to the 19^th Street resurfacing, he asked if that project included curb and gutter work.

Soules said typically on major thoroughfares they included curb and gutter work. He said if some of the curb and gutter was in good shape, it would not be replaced.

Mayor Amyx said in last discussions concerning 19^th and Louisiana and the possibility of traffic calming devices, it was said those devices would not last long enough to control the amount of traffic at that intersection.

Soules said the effectiveness of constructing traffic calming devices at that intersection would only last approximately 10 years.

Mayor Amyx asked by lengthening the left turn lane on 19^th would that would buy them more time and make that intersection a safer situation. He asked if the accident problems were purely the left hand turns.

Soules said no. He said there were several issues such as the left hand turns and people getting rear ended because they were stopping short. At that intersection there were miscellaneous accidents as well. He said what staff was proposing would take care of the current traffic and make it safer. He said the intersection would be upgraded as far as lighting and provided protective left turns and pedestrian access.

Mayor Amyx said $800,000 would take care of the current traffic, but asked Soules if that was a wise buy.

Soules said he did not know what else could be done as far as accidents, because something needed to be done. He said the neighbors feared that if a large improvement was constructed, more traffic would come.

Commissioner Schauner said by extending the left turn storage area to the west of Louisiana, he asked if it would be more difficult, if not impossible, for students to make left turns out of those driveways to head west. He asked if they would be blocking westbound access to 19^th Street during the heavily stacked portion of the traffic day.

Vice Mayor Hack asked if a right out only on the eastern most exit of the Lawrence High parking lot was being discussed.

Soules said correct.

Commissioner Schauner asked if there would just be a sign at that location.

Soules said staff would work with the School District to work on the sign issue.

Commissioner Schauner said if it was just a sign, they could just forget it.

Soules said those were details that should be discussed with the School District and the neighborhood on what worked best.

Vice Mayor Hack said she appreciated the comments about pedestrians. The City Commissioner’s received an email from the University Place Neighborhood regarding pedestrian access in that area.

Commissioner Highberger said he was generally supportive of proceeding with the 19^th and Louisiana project, but before the Commission committed money to any specific design, he wanted to make sure they had looked at other options for reducing traffic at that location. He said it seemed like this was the place in town where the grid started to fall apart and he did not know what they could do in terms of making other access ways for some of that traffic.

Soules said if the City Commission desired to place this project on the 5 Year Plan, staff would schedule the project. He said obviously they were behind schedule because it took approximately 27 months to get a KDOT project moving. He said they could have more neighborhood meetings to discuss different options to help alleviate traffic.

Commissioner Highberger said he suspected most options would not be very popular.

Mayor Amyx asked if the City Commission placed this project on the 5 Year Plan, would the Commission be under the gun to get this project moving.

Soules said staff would receive notice from KDOT indicating the City should select an engineering firm to look at the design phase. He said staff could add to the contract, that the City Commission wished to look at other alternatives and pedestrian issues. At that time, staff could come back with a preliminary design with some of those other options included. He said KDOT would expect to have certain plans in by certain dates, but there was some flexibility. He said KDOT expected plans and utilities relocated 4 to 6 months prior to the bid date and at that time KDOT would know the City was ready.

Mayor Amyx said if 19^th and Louisiana was added to the 5 Year Plan and they went through the process of selecting exactly what they wanted to do with this project he asked if they would not just be doing what staff had proposed.

Soules said no. He said he would like the project started May 2008.

Commissioner Schauner asked why staff did not ask the buses to park off the street rather than having to build a turn-off lane for those buses.

Matt Brungardt, Associate Principal at Lawrence High School, said the reason the school was supportive of the curb cut was they dropped off the majority of their students on Louisiana Street. He said at the time the buses were coming in and exiting the campus was when they were trying to move the mass of the students off or into campus and they were not structured with a thoroughfare or an access into campus that would allow the buses to enter in with the students coming in and out. He said they really needed a separate area for the buses to pull in, off the street and the traffic could continue down Louisiana. He said busses were stacked along Louisiana Street and vehicles needed to pull out into traffic to get around those buses to proceed down the street.

Commissioner Schauner said he understood pulling off one of the two driving lanes would be a safer proposal. He asked if the reason why they did not use the parking lot was because there was so much student traffic at the beginning and end of school.

Brungardt said they had two drop off locations which were at the main entrance and on 19^th Street. He said the school could not handle any more buses than they did now at that location. He said with the bond construction they were undergoing this summer, the footprint of their campus was going to change and the area between their gymnasium and the Knox Auditorium were two lanes of parking and two lanes of traffic going through to campus from the exit onto Louisiana and on 19^th. He said when the project was completed, the new building into the gym addition was going to come out into that parking area and the parking needed to be eliminated and traffic flow needed to be looked at.

Commissioner Schauner asked if it was possible to have a pork chop entrance and exit scenario onto 19^th Street for the north parking lot traffic.

Brungardt said he was not familiar with what that term meant.

Commissioner Schauner said it was a triangle that would fit into the driveway which would, in most instances, prohibit a driver from making a left or right turn depending on how it was constructed.

Brungardt said they would be open to looking into traffic flow situations and any help they could get from the City. He thought the school district would be willing to engage in on-going discussions. He said it was also an issue on how long it took to get kids in and out of campus at those busy points of the day. They were looking for any solutions they could get and would be willing to engage in further study with the City in that regard.

Mayor Amyx called for public comment.

Kathyrn Risk said her property was on the north side of 19^th Street in between the Laundromat and Indiana Street. She asked what effect the 19^th and Louisiana project would have on her property.

Soules said currently, at the intersection, there was a small left turn lane. The intention was to widen the south side. Staff needed to work with the school district, but they would try to leave the north side alone. There were no detailed plans at this time, but the curb and gutter might need to be replaced on the side of Risk’s home, which would lead to some construction. He said they realized there were several homes on the north side, but there was available space on the south side and they would try to make all the improvements on the south side.

Mayor Amyx asked if the project would take place in 27 months.

Soules said if the City Commission wanted this project started 2008 along with the 19^th Street Mill, Overlay and Curb Repair Project, the project would start in the spring of 2008.

Risk asked if there would still be a thru street going west through the intersection on 19^th Street.

Soules said yes.

Risk asked if there was room to place a left turn lane into the high school property.

Soules said yes and they could go north as well.

Risk asked if there was still room for a thru lane going east on the south side of the left turning lane.

Soules said yes, but they did not have the plans or survey.

Vice Mayor Hack suggested that anytime Risk had questions, as this process was moving forward, to talk with Soules because he worked hard in informing neighbors on the status of a project.

Risk said if for some reason she had to move, there was always a 2 to 3 year waiting list to move into those places that she had investigated. She did not want someone to ask her to move in 6 months or a year because her property was being taken.

Vice Mayor Hack said there was no way Risk’s property would be taken away. The curb and guttering might be changed along the 19^th Street portion of Risk’s property by a couple of inches, but their intent was not to take her property away.

Julie Nicely, Lawrence, said she lived on the corner of 19^th and Louisiana. She asked if the 5 Year Plan was approved, would some of the alternatives that had not been shown or discussed include impacting other people’s property. Her property was on 19^th Street, where the left hand turn lane was going to be extended, and her front yard was short. She said with the approval of this project, would they incorporate other alternatives to that intersection that would take out property or change the roadways to where it would impact their property.

Mayor Amyx said what he had heard, in previous discussions, was staff would look at a number of scenarios along 19^th and Louisiana Street. The improvement along 19^th Street to the west of Louisiana would need to come off the south side of the road and they were going to be looking at how it would be set up to the east side of 19^th Street. He thought there was going to be plenty of time for comment as this project moved along. He thought it was important that other alternatives be explored along the way.

Nicely asked if this discussion would not end with what was recommended or suggested today.

Mayor Amyx said yes.

Vice Mayor Hack suggested that neighbors check in with Soules periodically.

Commissioner Highberger asked if they needed to do any widening on the east side of 19^th Street, they would be looking at the park side.

Soules said there were pros and cons both ways. There was concern about encroaching on the park side because of some significant trees as well as encroaching upon any of the properties. It would be challenging, but not much widening needed to be done because there was an existing turning lane, along with an established taper width. The widening would not need to be a full lane until they were closer to the intersection at Ohio Street. They would stay within the right of way, but sometimes it might appear to be the front yard as well. He said they would need to discuss this issue with the neighbors after the survey took place. He said they had also discussed 11 foot lanes at that intersection.

Commissioner Highberger said he thought they should be looking at 11 foot lanes everywhere.

Commissioner Schauner said one of their goals was to maximize the efficiency of those intersections. He asked instead of making significant widening to this street, could they instead signalize those intersections differently to provide different levels of flow through them by having the coordination of the traffic lights from Massachusetts Street to the west. He said it was obvious there were problems with street width and availability of widening opportunities and the wider they make it, the more traffic they would have because it would be a more attractive place to travel.

David Woosley, Traffic Engineer, said that was one of the things that could be looked at as one of the alternatives. One challenge, for instance, would be a couple of signals that were close together such as at Kentucky and Tennessee. He said it was really hard to get good coordination without really long signal cycles. When there were long cycles, there were more cars stacking between those cycles, but that idea was certainly something that could be addressed.

Commissioner Schauner asked if it was something that they had not developed a lot of study to at this point, but something worth addressing.

Woosley said yes. He said looking at that idea was certainly relevant since they were looking at other options.

Risk said a person could drive from Massachusetts all the way to Louisiana if everyone timed it right. She realized it was probably hard when there were two signals close together.

c) Consider KDOT Applications for KLINK, Geometric Improvements, and Economic Development (applications for this project are due by August 1, 2006).

Chuck Soules, Public Works Director, presented the staff report. He said every year the City submitted three applications for KDOT programs which were:

1) KLINK – 2007, resurfacing Iowa Street from 6^th to Harvard Road, and from Irving Hill Road to 23^rd Street and for FY 2009 (CY 200) resurfacing 23^rd Street from Iowa to Louisiana Street;

2) GEOMETRIC IMPROVMENTS – Previous projects submitted included: Signalization intersection at 23^rd and East Hills Drive, roundabout at intersection of 23^rd and East Hills Drive, and left turn lane on Harper (south leg) at 23^rd Street; and the proposed projects included: Center turn lane on West 6^th from Folks Road east approximate 1,000 feet west of Monterey Way, and left turn lanes on Michigan Street (north and south bound) at 6^th Street.

3) ECONOMIC DEVELOPMENT: - Last year the City submitted the extension of East Hills Drive to Franklin Road, and Franklin to K-10; a second alternative was improvements to the intersection at 23^rd and Iowa.

He said staff was looking for direction on those submittals so they could get those projects submitted.

Commissioner Schauner asked Soules if he attempted to rank those projects on some type of matrix.

Soules said no, not other than what he just explained about the projects.

Commissioner Schauner asked if Soules had any sense about what the match would need to be, to be favorably considered by KDOT for the East Hills Drive work.

Soules said he did not know, but if the City Commission was willing to go 50%, he thought it would send a strong message to KDOT that this was a project the community would like to see.

He said as a side note, in October, KDOT would be funding a beacon that would be placed in the area of East Hills Drive to caution motorists coming into town that there were people at that intersection.

Mayor Amyx asked if lowering the speed limit to the east would have been too easy.

Soules said they did not have the warrants to lower that speed limit. KDOT looked at the 85^th percentile and it was a state highway.

Mayor Amyx said if enough people were hurt or killed, those were the warrants.

Soules said there were warrants for accidents.

Mayor Amyx called for public comment.

After receiving no public comment, Mayor Amyx asked if 23^rd and Iowa and East Hills were already included as part of the application to KDOT.

Soules said no. He said staff would like City Commission direction on which project to submit.

Commissioner Schauner said he thought the 23^rd and Iowa project was under the 5 Year Plan.

Soules said staff could submit that project under that 5 Year Plan.

Commissioner Schauner asked if Soules had a recommendation between Economic Development and the 5 Year Plan for 23^rd and Iowa.

Soules said the 5 Year Plan would be a better idea. He said it would be hard to justify to KDOT the economic development portion for that intersection because it was a capacity issue.

Mayor Amyx asked about the recommendation in funding for this project.

Soules said if the City Commission would like to see a more favorable response from KDOT, the Commission should submit more than 25%. He said staff could submit 25% which was the minimum.

Commissioner Highberger said he would like to proceed, but bid it less than 50%. He asked if 35% would be enough to interest KDOT. He asked about the project cost.

Soules said he estimated the project to be approximately $3.5 million.

David Corliss, Interim City Manager/Legal Services Director, said concerning the capital budget, the City could do about $5 million a year in capital projects to keep the mill levy stable in the bond interest fund.

Mayor Amyx asked what all had been promised in the upcoming years.

Corliss said in 2008 they were likely to proceed with 19^th Street; the brick sidewalk project; KLINK project (mill and overlay); and, 23^rd and Harper.

Soules said those projects were for fiscal years; and the geometric improvement was for the fiscal year of 2010; and the economic development would also be fiscal year 2010 but calendar year of 2009. The KLINK project would be for calendar year 2008.

Corliss said they did not have commitments beyond 2008.

Commissioner Schauner said he would like to see a specific proposal from Soules about 2008 and 2009. He would feel more comfortable making a decision with a report.

Vice Mayor Hack asked if the Commission would take Soules’ advice and take 31^st Street off the project list and replacing it with the 19^th and Louisiana project.

Mayor Amyx said the first action of the City Commission was to address the 5 year KDOT Plan. What was suggested was the application for KLINK geometric and economic development because the Commission had between now and August 1^st to address that application. He asked if the Commission concurred to change the 31^st Street from Ousdahl to Louisiana to the 19^th Street improvements under the 5 Year Plan.

Commissioner Schauner said he was very serious about trying to find a way to improve 19^th Street by some method other than pouring more concrete. He said if there was a way to do signaling better and to move traffic more efficiently through that area, he thought it would serve them better in the long run rather than more concrete or asphalt. (17)

Moved by Schauner, seconded by Hack, to approve the submittal of the project request form for improvements to 19^th and Louisiana Streets and inclusion into the 5-Year Plan with KDOT, as requested by staff. Motion carried unanimously. (18)

Mayor Amyx said under the application for KLINK geometric and economic development, he would also like projects that might be coming up so staff could prepare as part of that capital improvement savings account and the City Commission could have a better take on funding projects over the long term.

Moved by Hack, seconded by Schauner to defer for one week the KDOT Applications for KLINK, Geometric Improvements, and Economic Development. Motion carried unanimously. (19)

Receive staff report concerning proposed improvements to George Williams Way north and south of West 6^th Street.

Chuck Soules, Public Works Director, presented the staff report on three benefit districts along George Williams Way. Those benefit districts were:

1. Improvements to GWW from 6^th Street south to Ken Ridge Drive, including improvements at the intersection of GWW and 6^th Street;

2. Improvements to GWW from 6^th Street north to Overland Drive, including improvements at the intersection of GWW and 6^th Street; and

3. Improvement to GWW from Overland Drive north to the north City limits.

Benefit District 1 – GWW south of 6^th Street currently existed as a three lane facility. The final/ultimate configuration based on project traffic volumes would include two southbound lanes, two northbound lanes, and dual left turn lanes. Those improvements were proposed to be paid for by the development on the west side of GWW, Northgate Development (also known as Diamondhead Commercial).

Benefit District 2 – The final/ultimate lane configuration for GWW north of 6^th Street to Overland Drive consisted of seven lanes for traffic which taper off to a four lane section with a center turn lane approaching Overland Drive. The intersection at Overland Drive included a two lane roundabout.

Benefit District 3- GWW north of Overland Drive had been designated as a minor arterial with four lanes. Since there was no access except at the intersection, this section only needed to be a two lane facility.

He said with benefit districts No. 1 and No. 2, those resolutions proposed the City-at-Large contribute $100,000 for each of those improvements and those benefit districts pay for 100% of the remaining costs because the City had already contributed a large amount to the development of 6^th Street.

Mayor Amyx said the City Commission was establishing a public hearing date for those improvements. He said if the City Commission made a change in the body of the resolution, he asked if they had to reset the date.

Corliss said their direction would be whether or not to proceed with the resolutions. Staff would place those resolutions on a future consent agenda and set a public hearing date. At that public hearing, the City Commission could do anything they cared to regarding composition of the benefit district as far as the cost of the project within reasonable concerns. The Commission could reduce the size of the benefit district or change the portion of the cost between the benefit district and the City. The City Commission could not enlarge the benefit district unless the Commission started the process over, which followed from the rule there had been no notice to the property owners who would be included in a larger benefit district.

Mayor Amyx asked if the resolutions were to set the public hearing date.

Corliss said staff needed direction on what resolutions they wanted staff to place back on the consent agenda to set the public hearing date. Staff did not have the resolutions ready to adopt.

Commissioner Rundle asked if Soules would acquire the right-of-way for the lanes north of 6^th Street.

Soules said as those areas were platted the right-of-way would be acquired.

Corliss said the plats were pending for Oregon Trail Addition, which was the property on the east side of George Williams Way extended and for Mercado, which was on the west side of George Williams Way extended. He said those provided additional arterial sized right-of-way.

Mark Andersen, Barber Emerson, on behalf of the property owners on the north side of 6^th Street and not on behalf of the property owners affected, south of 6^th Street. He said Oregon Trail and the Mercado property were all in agreement with respect to moving forward in putting in 6^th Street.

He said he received a call on Friday after the City Commission agenda was posted from those property owners explaining that the resolutions that appeared did not reflect their understanding of what those benefit districts should have reflected. For whatever reason, the owners’ expected the development policy of the City would be followed which stated the property owners were responsible for the first 31 feet of right-of-way and two curbs. The way that it was designed from 6^th to Overland, it would be 4 curbs if there was a center median parkway and the asphalt would exceed 31 feet. North of Overland Drive, he was not sure it exceeded 31 feet if it was only going to be a two lane street.

Soules said the estimate included four lanes, but it was staff’s recommendation that only two lanes were needed.

Andersen said if that was limited to two lanes, then the two lanes would be 31 feet or less.

Soules said it would not exceed 31 feet.

Andersen said the real issue would be the benefit district from 6^th Street to Overland Drive because it involved more than 31 feet and more than two curbs. Under the development policy of the City that was in effect, it provided the responsibility of the first 31 feet was on the developers, which they were in agreement with. The question was what would happen to the excess. Under the development policy, it provided the City might pay for that excess. What he thought they needed to do was have further discussion with the City before they proceeded to a public hearing as to whether or not the City was going to accept responsibility for the excess of 31 feet and the 2 curbs. Right now, the 3 property owners would oppose the benefit district they thought was going to be put into effect.

Mayor Amyx said there was no reason to proceed in setting up the public hearing.

Andersen said if they could not have some understanding of who would be responsible for the excess there would be no reason to proceed. He had not been involved in this issue long enough to meet with staff to have any meaningful discussions, which he would like to do. He expressed his interest in why there would be any expectation for the property owners to pay all but $100,000 for the cost of the benefit district. He said what Soules said about intersections was accurate, and that it had been the precedent and tradition of the community that intersection improvements were assessed to the development community, they were not challenging that idea. He said apparently they could break out what those intersection costs were because those costs were in the City Commission’s packets and those costs would be allocated to the developer. He said what he was discussing, were the linear street improvements and the cost in excess of 31 feet for those improvements. He was not aware of anything in the development policy or any precedent that said if the City and State contribute to improvement somewhere in the vicinity that would constitute sufficient contribution to the street. He did not believe that was done farther back to Stoneridge or Queens or anywhere else back to the east. He was under the assumption the City contributed to George Williams Way south of 6^th Street.

Commissioner Rundle asked what year would be the earliest budget year the City Commission would be able to seriously entertain impact fee type discussion.

Corliss said as he indicated in a transmittal letter and as he had discussions with Steve Chin on trying to help move on ordinances, he would like to be able to work on that in the late summer or early fall. He said Steve Chin and Trevor Wood were doing extensive work on a memorandum that could outline options