March 9, 2004
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 Dunfield presiding and members Highberger, Rundle, and Schauner present. Commissioner Hack was absent.
With Commission approval Mayor Rundle proclaimed Wednesday, March 17, 2004, to be the day for “17th Annual St. Patrick’s Day Parade.”
As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to approve the City Commission meeting minutes of February 17, 2004, February 24, 2004, and March 2, 2004, subject to Vice Mayor Rundle’s amendments to the minutes. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to approve the Planning Commission meeting minutes of January 28, 2004; January 30, 2004, and February 11, 2004; the Board of Zoning Appeals meeting minutes of January 8, 2004; the Board of Zoning Appeals (draft) meeting minutes of February 5, 2004; the Historic Resources Commission Approved Action Summary of January 15, 2004; the Historic Resources Commission Draft Action Summary of February 19, 2004; the Public Transit Advisory Committee meeting minutes of February 19, 2004; the Board of Electrical Examiners meeting minutes of December 3, 2003; the Neighborhood Resources Advisory Committee meeting minutes of January 22, 2004, and February 12, 2004; and the Task Force on Homeless Services meeting minutes of January 20, 2004. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to approve claims to 361 vendors in the amount of $1,805,408.61 and payroll from February 22, 2004 to March 6, 2004 in the amount of $1,331,477.99. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to approve the drinking establishment licenses for Club 508, 508 Locust; On the Border Mexican Grill and Cantina, 3080 Iowa; the Retail Liquor License for Harper Corner Liquor Store, 2220 Harper, Suite C; and the Class A Club License for Columbus Club Association, 2206 East 23rd Street. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to concur with the recommendation of the Mayor and reappoint John Nalbandian to the Library Board for a second term which will expire April 30, 2008; and reappoint Bob Hagen and Caroljean Brune to the Traffic Safety Commission to additional terms which will expire April 30, 2007. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to award the sole bid for six Flo-Tote 3’s and two Flo-Dars from Heartland Controls in the amount of $31,965. Funding for this item would come from the Utility Department Capital Improvement Fund. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to approve the purchase for one ¾ ton pickup off the MACPP Cooperative Bid for the Fire/Medical Department to Olathe Ford in the amount of $17,688. Motion carried unanimously. (2)
The City Commission reviewed the bids for Phase 1 and Phase 2 of the 2004 Waterline Improvements for the Utilities Department. The bids were:
BIDDER BID AMOUNT
PHASE 1 – New Jersey, 11th to 14th & East 12th, New Jersey to Delaware
LaForge $206,097.20
Rose-Lan Contractors, Inc. $311,045.20
Nowak Construction Co. $278,448.20
Wildcat Construction Co. $299,923.00
Redford Construction $277,728.00
PHASE 2 – W 11th, Tennessee to Massachusetts & Vermont, 9th to 11th
BASE BID ALTERNATE BID
Emcon $557,898.10 $6,041.00
Nowak Construction $557,987.99 $7,532.20
Redford Construction $714,206.40 $7,170.00
Rose-Lan $611,333.23 $13,845.64
As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to award the bid for Phase I of the 2004 Waterline Improvements to La Forge Construction, in the amount of $206,097.20; and Phase II to Emcon, Inc., for the base and alternate bid total amount of $563,939.10. Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to place on first reading, Ordinance No. 7752, rezoning (Z-12-51-03) 8.83 acres from M-1 (Research Industrial) and PID-1 (Planned Industrial Development District) to PRD-2 (Planned Residential Development District), property located north of West 15th Street and east of Research Park Drive. Motion carried unanimously. (4)
Ordinance No. 7753, establishing the City of Lawrence governing body quorum at four (4) members, was read a second time. As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to adopt the ordinance. Aye: Dunfield, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (5)
Ordinance No. 7754, a joint ordinance/resolution of the City of Lawrence and Douglas County to amend the Comprehensive Land Use Plan “Horizon 2020” by adopting text amendments revising the Chapter 6 Commercial Land Use contained in Horizon 2020, was read a second time. As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to adopt the ordinance. Aye: Dunfield, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-01-01-04) for W & H Group Addition No. 1, a proposed three-lot residential subdivision containing 1.13 acres. The property is located at 727 North Walnut Street, and accept the dedication of easements and rights-of-way subject to the following conditions:
a. Copy of paid property tax receipt;
b. Recording fees made payable to the Douglas County Register of Deeds;
c. Provision of a master street tree plan.
Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-01-02-04) for Stone Meadows-West No. 4 Subdivision, a replat of a portion of Lot 6, Block 3, Stone Meadows-West Subdivision, and lots 7A and 8A, Sandy’s Subdivision, a replat of Lots 7, 8, 12 and 13, Block 3, Stone Meadows-West Subdivision, containing approximately 1.10 acres. The property is located west of Stone Meadows Drive, and accept the dedication of easements and rights-of-way subject to the following conditions:
a. Copy of paid property tax receipt;
b. Recording fees made payable to the Douglas County Register of Deeds;
c. Provision of a master street tree plan.
Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-01-03-04) for Stone Meadows-West No. 5 Subdivision, a replat of Lots 1 and 2, Block 3, Stone Meadows-West Subdivision, containing approximately 0.50 acres. The property is located north of 15th Street, west of Stone Meadows Drive, and accept the dedication of easements and rights-of-way subject to the following conditions:
a. Copy of paid property tax receipt;
b. Recording fees made payable to the Douglas County Register of Deeds;
c. Provision of a master street tree plan.
Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-01-04-04) for Hines Subdivision No. 2, a one-lot residential subdivision containing approximately .0012 acre. The property is located between 1335 and 1345 Maple Lane, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of the following fees and recording documentation:
Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-01-06-04) for Knollbrook Addition, a proposed 17-lot residential subdivision containing approximately 3.8 acres. The property is located at 1800 West 27th Street, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of the following fees and recording documentation:
Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to receive a letter from the Langston Hughes Center for Community Enrichment regarding the use of the Carnegie Library; and refer this matter to a future agenda when there is a full City Commission present. Motion carried unanimously. (12)
As part of the consent agenda, it was moved by Rundle, seconded by Highberger, to authorize the Mayor to sign a Release of Mortgage for Rod and Barbara Lawrenz, 255 North Michigan, No. 5-28. Motion carried unanimously. (13)
CITY MANAGER’S REPORT – NONE.
REGULAR AGENDA
Conduct a public hearing on the proposed maximum assessments for the improvement of drainage and stormwater improvements including the acquisition of certain property interests associated with certain real property commonly known as Orchards Golf Course, generally located north of West 15th Street, east of Lawrence Avenue.
David Corliss, Assistant City Manager/Legal Services Director, presented the staff report. He said a special assessment benefit district had previously been established that included stormwater improvements to the creek that traverses through the Orchards Golf Course. The benefit district also included the acquisition of certain property interest which was primarily the conservation easement that would not allow any additional development on the Orchards Golf Course.
He said through earlier action the City Commission had indicated the appropriate allocations of costs for both of those improvements. The 55 tracts that surrounded the Golf Course would pay $280,000 collectively. Staff had notified the public of this public hearing and if appropriate, the City Commission could adopt the ordinance that established the maximum assessments.
Vice Mayor Rundle asked if the ordinance referred to both the drainage and conservation easements.
Corliss said the City would acquire drainage easement that would be different in that easement would recognize that drainage was part of the property and that the conservation easement would limit the development. He said staff would make the drainage easement synonymous with the conservation easement purposes.
Commissioner Schauner asked if the drainage easement would not impede the maintenance and operation of the golf course.
Corliss said correct.
Mayor Dunfield called for public comment.
Jean Milstead, property owner in the benefit district, said she wanted to recognize all the hard work that had gone into achieving that long-term solution for the Orchards Golf Course which benefited all parties involved along with the City-at large.
Matthew Moore, property owner of a condominium in the benefit district, supported the benefit district.
Moved by Rundle, seconded by Schauner, to close the public hearing. Motion carried unanimously.
Moved by Schauner, seconded by Highberger, to place on first reading Ordinance No. 7747, levying the maximum assessments to pay for the improvement of certain drainage and stormwater improvements, including the acquisition of certain property interests associated with the improvement on or near certain real property commonly known as Orchards Golf Course, generally located north of West 15th Street, east of Lawrence Avenue. Motion carried unanimously. (14)
Corliss said in April the conservation easement would be worked out so that the City Commission could see what obligations and impositions were on the City. He said staff hoped to close on that transaction in May.
Consider approval of a request for an occupancy permit at The Tire Shop, 1711 West 6th Street.
Harold Shepard, applicant, and owner of The Tire Shop, said he had presented a letter to the City Commission to temporarily open before he had completed the changes to the existing driveway required by the site plan.
Wildgen said the original site plan required reduction in the size of the curb cut. He said the highway permit from KDOT was received which was required to do that work and, weather permitting, the work should be completed in 45 days.
Mayor Dunfield noted there was no disagreement between staff and the applicant. The matter was getting that work completed.
Shepard also requested that the City Commission allow him to keep the east entrance for a one-way entrance into his business. He said the temporary closing of one of the exits to the highway was creating a hardship on his business and also creating a safety problem for traffic entering onto 6th Street wanting to go eastbound.
Moved by Highberger, seconded by Dunfield, to approve the temporary occupancy permit which would expire 45 days after issuance. Motion carried unanimously. (15)
Commissioner Highberger asked Shepard if he had talked to KDOT.
Shepard said yes. He said a person from KDOT suggested closing the access and then apply for a reopening.
Commissioner Schauner asked if Shepard’s intention was to open the access point to allow an entrance in front of the canopy of the hotel.
Shepard said yes.
Mayor Dunfield said the Commission would be amenable if Shepard had discussions with KDOT.
Receive staff report on the status of 933 Rhode Island (barn repairs)
Julie Wyatt, Environmental Inspector, presented the staff report. She said staff met with Paul Horvath to discuss the status of his property. She said Horvath had applied for a building permit which was temporarily on hold pending the bond or funds in escrow to be deposited with the City. She said staff needed direction on how to proceed.
Paul Horvath, owner, 933 Rhode Island, said he did not have $20,000 lying around in a checking account. He discussed with staff the possibility of issuing a second mortgage and promissory note to the City of Lawrence. He said he sent copies of his recent appraisal of 933 Rhode Island showing that there was plenty of equity in the property. He said staff indicated the idea of a second mortgage would take City Commission approval.
He said he had applied for a bond, but his agent informed him that there was no guarantee that the application would be approved. He suggested that a quicker, more cost and time effective alternative would be to issue a mortgage to the City. He said Corliss indicated that if the City Commission approved the second mortgage that details could be worked out. He said he understood from the meeting with Corliss, if the Commission gave a green light, that mortgage would be a viable alternative. He said paperwork would be relatively easy.
Corliss said what he had indicated to Horvath was if the City Commission approved a second mortgage, staff would help him with the paperwork, but only if the Commission agreed that was an acceptable financial security arrangement. He said the judgment was the Commission’s on whether or not that was a sufficient security interest to proceed.
Horvath said he understood that there was precedent that when the City gave grants to people, those people would need to live in that home a certain amount of time and that home would be secured by mortgage. That grant would eventually be forgiven.
Corliss said he indicated that the City did receive second mortgages through CDBG loans, but this situation was different. He said he indicated that staff knew how to do that type of paperwork. He said the Commission’s resolution did not indicate a second mortgage, but a performance bond or an escrow account.
Horvath said he was asking for permission to alter that resolution to give a security interest in the form of a second mortgage. Again, he said there was plenty of equity in his property and the second mortgage would hasten the process.
Vice Mayor Rundle said the point of having the escrow or bond was to have some access to capital to complete the project if the project was not completed. He asked staff if a second mortgage would provide access to a stream of cash that the City could use to finish the project just as the bond or the escrow account would do.
Corliss said unless the second mortgage was subordinated to the first mortgage you could not get to that mortgage. Unless there was a default on the first mortgage you could not get to the security of the second mortgage.
Horvath said he understood that any mortgage holder could foreclose, provided that the foreclosure proceedings net enough money to pay off the first mortgage that the issue was the first mortgage and what was the loan devaluation and if under a certain percentage, there would be plenty of equity.
Corliss said foreclosing on a mortgage was a time consuming process that would not give the City the capital as quickly as a performance bond or an escrow account. He asked the Commission to keep in mind that the Commission had the authority, if Horvath did not make sufficient progress on the property, to order those improvements and assess those costs on to Horvath’s property. The value of the performance bond or the escrow provided the City with the funds to be able to do that work and did not require that expenditure of City tax dollars to do that work.
Commissioner Highberger said he did not understand why the City would need to be involved in a second mortgage. He said since there was sufficient equity in Horvath’s property, Horvath could seek a second mortgage himself.
Horvath said he could borrow some money, but borrowing money would take some time. He said his banker indicated that a second mortgage would be a reasonable solution. He said he was ready and willing to proceed with the work.
Commissioner Schauner asked Horvath if he had been given any timeline to expect the approval of the performance bond.
Horvath said no. He said his agent was not sure how long that process would take and there was no guarantee that once you make an application that application would be approved.
Mayor Dunfield said, having borrowed on the equity in his own house, which was essentially what the Commission would be asking Horvath to do with a second mortgage, the process of borrowing money did not seem to take terribly long and was not a drawn out or complicated process
Horvath said his credit report, with the properties that he owned, was probably fifteen pages long. He said in one sense borrowing money was a simple process, especially if you were the homeowner and the home was owner/occupied. Borrowing money was a lot different for a non-owner/occupied. He said he could seek a second mortgage on 933 Rhode Island and successfully receive that second mortgage, but he thought giving the City a promissory note and a mortgage would save time.
Owen Lehman spoke on behalf of the East Lawrence Neighborhood Association. He said this issue needed to be addressed because the property was dangerous. He said as far as using City funds to take care of this issue, the City Commission should not be going down that road. He said that building had been neglected for years and that building needed to be addressed as soon as possible.
Horvath said giving the City a second mortgage and a promissory note would hasten the process. He said he had made application for the bond.
Commissioner Schauner asked Wyatt if she had noticed any additional deterioration.
Wyatt said she had not seen any significant changes in that property.
Commissioner Highberger said he would be more receptive to the suggestion of the City taking a promissory note and a second mortgage if he had heard that suggestion earlier in the process. He said at this point, there had been too much delay and he preferred to grant a short extension for the provision of a bond or escrowed funds for financial security and if the bond or escrow was not provided in that time period, then the City would begin that work.
Vice Mayor Rundle said he would feel better about the promissory note and the second mortgage if the note or mortgage gave the City the same access to capital as the escrow account or the bond. He said he was not willing to consider that idea until Horvath exhausted his efforts in receiving a bond.
Commissioner Schauner said Commissioner Highberger made a good point by suggesting a drop dead date. If there was no bond and the work had not been started, then he would like to see the City begin the work and assess those costs to the property owner.
Wyatt asked if staff would be restricting Horvath to what the resolution stated which was a performance bond or an escrow payment to the City. She said the completion schedule had been affected already and staff needed a final completion date rather than adjusting each date along the way.
Commissioner Highberger recommended 10 days or two weeks for the provisions of the performance bond and the escrow amount. If that bond or escrow amount was not provided by that date, the City would begin the work.
Mayor Dunfield said the Commission did not need an end date for the schedule, but a start date because the schedule was contingent on a start date. He agreed with the two week time period.
Commissioner Schauner said there were a lot of people who sell insurance and provide bonds. He said if Horvath’s agent was not being responsive, he suggested that Horvath find a new agent.
Moved by Highberger, seconded by Rundle, to extend the deadline for providing an escrow deposit or performance bond in two weeks and if the deposit or bond was not provided by that time, to direct City staff to begin performing that required work. (16)
Consider a motion to recess into executive session to discuss matters which would be deemed privileged in the attorney-client relationship. The justification for the executive session is to discuss privileged matters with attorneys for the City. The open meeting will resume in the Commission meeting room in 30 minutes.
Moved by Rundle, seconded by Schauner, to recess into executive session for 30 minutes to discuss matters which would be deemed privileged in the attorney-client relationship. The Commission recessed at 7:25 pm.
The Commission reconvened in regular session at 7:55 pm. (17)
Consider approving PDP-04-08-03, a Preliminary Development Plan for 6Wak Apartments, subject to conditions and use restrictions. The applicant proposes a multiple-family residential development containing 236 apartments on 17.57 acres. The property is generally located north of West 6th Street and west of Congressional Drive.
David Corliss, Assistant City Manager/Legal Services Director, presented the staff report. He said staff needed an opportunity to review that project in light of the special assessment issue in regards to Congressional and 6th Street.
Corliss said staff provided a letter to Bill Newsome, 6Wak Land Investments LLC, on that project and staff recommended that a condition be placed on the Preliminary Development Plan that would essentially place a condition on the Final Development Plan, which had not been submitted, that no building permit would be issued for those apartments until the City was presented with a written guarantee or other financial assurance in a form acceptable to the City guaranteeing payment for the assessed special assessments on the property for 6Wak Apartments for the improvement of Congressional and Overland Drives.
He said the intent of staff was that no building permit would be issued for 6Wak Apartments unless the City had absolute assurance that those special assessments would be paid. He said staff could continue to recommend that there would be a condition that would be placed similar to that language to meet that goal which was that those special assessments would be paid and the City would have that assurance of that payment at the time the building permit would be issued.
Commissioner Schauner asked about Condition No. 4a in the Preliminary Development Plan. He said the determination of traffic service levels on those mentioned streets (Congressional Drive between 6th Street and Harvard Road) would be determined as a condition of getting final development approval or at some other time.
Paul Patterson, Planner, said that condition was a condition of the Preliminary Development Plan. He said the applicant would need to meet that condition and provide staff with that information as a part of fulfilling a Preliminary Development Plan. He said the applicant would provide Planning staff that traffic data prior to the applicant submitting the Final Development Plan. That traffic data would also be reviewed by the City Engineer.
Commissioner Schauner asked what would happen if the service level was below a “C.”
Patterson said then the applicant would provide staff with calming measures for the road south of 6th Street on Congressional.
Commissioner Schauner asked if the calming measure would need to be satisfactory enough to bring the service level to “C” or better.
Patterson said the plan did not specifically state that, but there would be traffic calming measures that staff would look at.
Commissioner Schauner asked if the traffic calming measure would be designed to improve the service level on those streets or just calm traffic.
Linda Finger, Planning Director, said the Planning Commission did not articulate its intent but she understood that the Planning Commission did not expect to see a specific service level accomplished through traffic calming measures. She said if the particular service level was not met then staff would like to see traffic calming. If the Planning Commission’s intent was different than she understood, staff would then need to go back to the Planning Commission to get a clarification on looking for something specific otherwise staff would provide typical traffic calming if the level of service drops below a certain point and those were the steps that staff would recommend.
Commissioner Schauner said if he was the applicant, he would want to know what the Planning Commission’s intentions were with respect to that condition. If the service level falls below a “C” then staff would perform traffic calming, but he asked what was the purpose of the calming activity and the intent of the Planning Commission in that regard.
Finger said the Planning Commission’s intent was to calm traffic if the traffic was degraded below a “C” without any specificity of a local street grading.
Commissioner Schauner asked if Finger’s experience was that traffic calming improved the level of service.
Finger said no, traffic calming decreased the level of filtration of traffic through a neighborhood.
Commissioner Schauner said traffic calming then did not improve the level of service at the intersection, but reduced the volume of traffic through the neighborhood because of the traffic calming.
Finger said its function was not for a level of service. The function was different and discouraged other movement of traffic.
Mayor Dunfield called for public comment.
Bill Newsome, 6Wak Land Investments, said he received a letter from Mike Wildgen, City Manager. He said he was generally in agreement with the content of that letter, but he needed some clarification. He said he spoke with Corliss and discussed, assuming City Commission approval of the preliminary development plan, working through the language on that condition. He pointed out that the discussion was about apartment ground. He said since that was a Preliminary Development Plan for the apartment ground, the assessments and costs, as related to that ground, were what was being discussed.
Corliss said what was being discussed was the assessments as those assessments related to the legally described property that was part of the Preliminary Development Plan. He said the ground was being assessed.
Newsome said the discussion was apartment ground.
Corliss said correct, the ground that was part of the Preliminary Development Plan (PDP-04-08-03).
Gwen Klingenberg, West Lawrence Neighborhood Association, said most of Lawrence was south and east of that proposed development. She cited a KDOT document that indicated traffic demand would be higher on the south side of 6th Street. She was concerned about traffic counts and cut through traffic through the neighborhoods. She said once the area was developed that area would create the same traffic counts as 23rd and Iowa.
Dave Mount, Lawrence, was concerned about the traffic generated along 6th Street. He asked, given that 6th Street was both a City street and a U.S. Highway, how much of the development and maintenance of 6th Street in Lawrence was done by Lawrence. He also asked, as Douglas County became part of Lawrence, was the funding and designing of streets controlled by Lawrence or KDOT. He noted that driving to Lowe’s in Topeka from his house was faster than going from his house to Home Depot in Lawrence.
Newsome reminded the City Commission that in conjunction with the original approval on the plan and the zoning, a full encompassing traffic study was done and approved by KDOT and City Traffic Engineering.
Mayor Dunfield said this proposal deserved City Commission approval because that proposal had met planning requirements that had been done in terms of the initial planning for that intersection. The only real issue was ensuring that the benefit district funds were collected. He said that issue of those funds was previously outlined by Corliss and with that condition in mind he recommended approval of the plan.
Commissioner Highberger said the issues discussed by Klingenberg raised some concern to him. However, since the traffic study had been conducted and the Planning Commission based its recommendation on that study, he was ready to approve the plan subject to the conditions that were discussed earlier.
Corliss said the motion would be to approve the Preliminary Development Plan with the recommended conditions including a condition that was substantially similar to that set out in the City Manager’s letter of March 4, 2004.
Commissioner Schauner said this particular project was beyond the point of reviewing the traffic analysis and traffic study although he shared Commissioner Highberger’s concern about the traffic impact on that neighborhood. He said before any additional development occurred along west 6th between Wakarusa and the SLT, the City needed a different method of measuring traffic and impact on those neighborhoods. He said the Commission was one step at a time approving things that the Commission did not like, but those things had gone through the process. He said his concern was that the ultimate result was going to be a tremendous increase in the amount of traffic on Congressional, Harvard, or George Williams Way in that part of town and carrying a significant volume of traffic for which those streets were never intended to carry. He said although he was going to vote for this particular project with the conditions that were attached, he said now was the time to take a very serious look at how the Commission permitted the development of the rest of 6th Street from those apartments west to the SLT.
Mayor Dunfield said that whole 6th Street project was predicated on having done an analysis for the fully developed corridor.
Commissioner Schauner said the basis for his belief was that those numbers were understated. The ultimate result would be a development corridor along West 6th which would overwhelm that improved road. He said he did not have much confidence in the numbers that those studies had produced and those numbers tended to be understated numbers in almost every instance.
Vice Mayor Rundle agreed that the City Commission needed to approve that project subject to the conditions. He also agreed that the matters that Commissioner Highberger talked about were serious. He said there was a much larger context that those matters needed to be placed in rather than tying them to that specific project.
He said KDOT was involved in the City’s planning to a degree that KDOT needed to ensure that road continued to function well. Obviously there was going to be impacts at 31st and Iowa as that area developed to the east if a connection was put through at Haskell. He said the intersection being discussed this evening would have even more demands and obviously the Commission would be looking at this intersection again as development continued west and north. He said staff needed to talk with KDOT in a larger context of trying to develop the City’s transportation system both locally and regionally and see how much KDOT and the City could work together to address both needs.
Mayor Dunfield said he did not mean to minimize the traffic issues along 6th Street. He said traffic issues were the one thing that everybody in the community agreed were problems for the City. He said in the past where the Commission had gotten themselves into serious problems was when the Commission had approved development that was not within the scope of the Comprehensive Transportation Plan. He said what the Commission was doing at that intersection and along 6th Street was within the boundaries that were established by the Comprehensive Plan and the Commission was trying to follow that plan. He said the Commission had tried to put those procedures in place and the procedures always needed to be revisited and restudied. He said the Commission should not be critical of the City’s Planning staff or KDOT staff in terms of having setup a mechanism for anticipating those demands.
Commissioner Schauner said his goal was not to be critical of City staff or KDOT, but that the Commission revisit and update those numbers. He said he questioned whether the staff was evaluating the traffic impact on that segment of West 6th and those accompanying neighborhoods taking into account all the things that were on the drawing board. He said staff needed to update and fine tune those numbers so that the Commission could make development decisions based on those numbers rather than saying “this was the best of a bad situation.” He said that remark came occasionally from the Planning Commission when the Planning Commission approved projects.
Finger said one of the better planned areas in Lawrence was the northwest area. She said there was a detailed Northwest Area Plan that had two subsequent nodal plans and an Access Management Plan, and if those plans were followed, those plans would keep levels of traffic down in neighborhoods if access points were shut off as those access points were on the east side of 6th Street. She said the Planning Commission had not been inconsistent with their adopted policies and land use plans in that area. She said there were more pieces in place in that area with the Access Management Plan than in other areas of the City.
Commissioner Schauner said the procedures were getting better, but his concern was that traffic numbers tended to be understated. He said the City had grown faster than the City thought the City would grow and traffic volume had increased more quickly than projected. He said in fact if KDOT was saying that street service level would fall below a “C” with the development that was currently on the drawing board that was a concern to him.
Finger said arterial streets typically were looked at as a level of service “D.” A “C” was a very small town’s ability to achieve and Lawrence was no longer a small town. The 6th Street project had not been under estimated by the City. She said KDOT’s staff might not have been in agreement with staff’s estimates, but when staff originally proposed that project over 10 years ago, the projections were as those projections were today. She said what you see was a disconnection between development and the ability of the infrastructure to provide for that service.
Commissioner Schauner said if the service level of the arterial was a “D” that would prompt his neighbors to find a better way to get home and those neighbors would use those collector streets and other neighborhood streets for that purpose. Harvard Road, Congressional, and George Williams Way would carry the brunt of that traffic.
Finger said the collector streets were actually designed to carry the traffic in and out of the neighborhood and without those collector streets, traffic would all fall to the arterial streets and the level would fall below level “D.”
Moved by Rundle, seconded by Highberger, to approve PDP-04-08-03, a Preliminary Development Plan for 6Wak Apartments, subject to recommended conditions and use restrictions, including a condition substantially similar to that set out in the March 4, 2004 City Manager letter to Bill Newsome. Motion carried unanimously. (18)
Mayor Dunfield asked staff to comment on Mount’s question of maintenance on West 6th Street.
Wildgen said once those state or federal designated streets were in the City limits maintenance was the City’s daily responsibility. The state did provide additional lane mile funds that the City receipts and then uses those funds for maintenance. He said staff cleared snow and performed general road work. He said if the street was in the City limits, that street becomes the City’s responsibility.
PUBLIC COMMENT: None
COMMISSION ITEMS: None
Moved by Schauner, seconded by Highberger, to adjourn at 8:35 p.m. Motion carried unanimously.
APPROVED:
_____________________________
David M Dunfield, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
1. Bid – 6 Flo-Tote 3’s & 2 Flo-Dars from Heartland Controls for $31,965.
2. Purchase 3/4 ton pickup for Fire/Medical from Olathe Ford for $17,688.
3. Bids – Phase I, 2004 Waterline Improvements to La Forge Construction for $206,097.20 & Phase II, to Emcon for $563,939.10.
4. Ordinance No. 7752 – 1st Reading, rezone (Z-12-51-03) 8.83 acres, M-1 & PID-1 to PRD-2, N of W 15th & E of Research Park Dr.
5. Ordinance No. 7753 – 2nd Reading, City Commission Quorum at 4 members.
6. Ordinance No. 7754 – 2nd Reading, Comprehensive Land Use Plan “Horizon 2020” Chapter 6, Commercial Land use.
7. Final Plat – (PF-01-01-04) W & H Group Addition No. 1, 1.13 acres, 727 N Walnut.
8. Final Plat – (PF-01-02-04) Stone Meadows W No. 4, 1.10 acres, W of Stone Meadows Dr.
9. Final Plat – (PF-01-03-04) Stone Meadows W No. 5, .50 acres, N of 15th & W of Stone Meadows Dr.
10. Final Plat – (PF-01-04-04) Hines Subdivision No.2, .0012 acres, 1335 & 1345 Maple Ln.
11. Final Plat – (PF-01-06-04) Knollbrook Addition, 3.8 acres, 1800 W 27th.
12. Carnegie Library – Langston Hughes Center for Community Enrichment.
13. Mortgage Release – 255 N Michigan No. 5-28, Rod & Barbara Lawrenz.
14. Benefit District – Public Hearing for max assessments, Orchards Golf Course.
15. Occupancy Permit – The Tire Shop, 1711 W 6th.
16. 933 Rhode Island – Barn repair status.
17. Executive Session – Attorney-Client
18. Prelim Dev Plan – (PDP-04-08-03), 6 Wak Apts. N of W 6th & W of Congressional Dr.