September 2 8, 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 Rundle presiding and members Dunfield, Hack, Highberger and Schauner present. Lawrence High School Student Representative Justin Isbell was present.
RECOGNITION/PROCLAMATION/PRESENTATION:
With Commission approval Mayor Rundle proclaimed October 8th, 9th and 10th, 2004 as “Knights of Columbus Helping People with Mental Retardation Days”; proclaimed the week of October 2nd – 9th, 2004, as “University of Kansas Homecoming Week”; and proclaimed the week of October 10th – 16th, 2004, as “Kansas Family and Community Education Week.”
CONSENT AGENDA
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to receive the Traffic Safety Commission meeting minutes of September 13, 2004; the Task Force on Homeless Services meeting minutes of August 17, 2004; and the Parks and Recreation Advisory Board meeting minutes of August 10, 2004. Motion carried unanimously.
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to approve claims to 273 vendors in the amount of $907,697.38. Motion carried unanimously.
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to concur with the recommendation of the Mayor and appoint Colleen Zimmerman and Bruce Flanders to the Downtown Parking Advisory Board, to terms which will expire September 30, 2007; appoint Judy Keller and Kathy Greenlee to the Hospital Board, to terms which will expire September 30, 2008; and appoint marci francisco to the Neighborhood Resources Advisory Board, to a term which will expire September 30, 2007. Motion carried unanimously.
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to authorize the City Manager to execute an agreement with Sabatini and Associates for architectural design for the construction of Fire Station No. 4, (relocation to 1800 block of Wakarusa Drive) in the amount of $107,500. Motion carried unanimously. (1)
The City Commission reviewed the bids for large line sanitary sewer cleaning for the Utilities Department. The bids were:
BIDDER BID AMOUNT
Ace Pipe Cleaning $52,436.25
Reddi Services $59,890.05
Mayer Specialty Services $67,475.95
Utility Maintenance Contractors $171,906.95
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to approve the bid from Ace Pipe Cleaning, in the amount of $52,436.25 (Utilities/Collection System). Motion carried unanimously. (2)
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to set a bid opening date of October 12, 2004 for the Neighborhood Resources Department Comprehensive Rehabilitation Project at 3107 Longhorn Drive, 2708 Rawhide Lane, 1525 East 28th Street Terrace, and 2002 West 27th Street. Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to authorize the City Manager to execute an agreement with New Directions Behavioral Health to provide a comprehensive Employee Assistance Program beginning in January 2005 (2005 cost not to exceed $23,000). Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, Hack to place on first reading Ordinance No. 7831, establishing “no parking” along the north side of Applegate Court. Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to approve the site plan (SP-07-45-04) for Overland Pointe, a proposed 27 dwelling unit, 2-story townhouse development to be located on 2.3 acres, located at the southeast corner of Overland Drive and Queens Road, subject to the following conditions:
1. Provision of a revised site plan to include the following notes:
a. “No occupancy will be allowed until all site improvements including off-site stormwater detention are completed”;
b. “No building permit shall be issued until the City is presented with a written guarantee or other financial assurance (e.g. bond, letter or credit, escrow account, etc.), in a form acceptable to the City, guaranteeing payment for the assessed special assessments on the property for the improvement of Overland Drive. This condition shall be waived by the City Manager if the special assessment district is not subject to litigation.”
2. Provision of a revised site plan to include the following changes:
a. Show the stormwater drainage detention basin on the site plan;
b. Need to change 5’ bump-out to minimum width of 8’, with additional 25’ width for driving aisle;
c. Revise the curbing to only have layback curb at the individual driveways. Modify note No. 10 and the “Install Type 2-24” Curb and Gutter (Typ)” note;
d. Revise the swale along the west border and at the entrances to the individual driveways to the approval of the stormwater engineer; and
e. Remove the two trash enclosures as trash service will be curb-side pickup.
3. Provision of a photometric plan pursuant to Section 20-14AO1;
4. Execution of a site plan performance agreement per Section 20-1433;
5. Submittal and approval of public improvement plans to Public Works for street, storm sewer, waterline, and sidewalks prior to release of the site plan to Neighborhood Resources;
6. Per Section 9-903(B), a stormwater pollution prevention plan (SWP3) must be provided for this project. This project will not be released for building permits until an approved SWP3 has been obtained. Construction activity, including soil disturbance or removal of vegetation shall not commence until an approved SWP3 has been obtained;
7. Provide water line plans to the Municipal Utilities Department. These plans must be submitted for approval and signatures from the Fire and Utilities Departments before building permits are issued;
8. The site plan not to be released to Neighborhood Resources until after the recordation of the Overland Pointe Final Plat at the Douglas County Register of Deeds Office and the publication of the zoning ordinance for the property.
Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to approve the site plan (SP-08-53-04) for a revised site plan to add a fenced outdoor patio area at Louise’s West, located at 1307 West 7th Street, subject to the following conditions:
3. Execution of a site plan performance agreement per Section 20-1433;
4. Issuance of a building permit provides for no addition to the building footprint and an eight foot fence;
5. Provide the following notes on the site plan:
a. Live or recorded music shall not be played to create a nuisance for the neighborhood;
b. The property owner shall be responsible for policing the area to keep it clean from litter and trash generated by this use;
c. The property owner shall be responsible for insuring the containment of alcoholic beverages on the premises. The applicant has stated that alcohol will not be permitted in the outdoor smoking area;
d. The applicant agrees to remove the fencing and outdoor patio area if there are legitimate complaints from neighbors pertaining to trash, litter or noise problems; complaints to be reviewed by the City Commission;
e. Any outside lighting to be shielded so as not to glare offsite; and
f. No increase to the existing maximum occupancy level will result from the fenced outdoor smoking area.
Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to concur with the Traffic Safety Commission’s recommendation to deny a request to establish “no parking” along the north side of 24th Terrace from Kasold Drive, east 200 feet, and direct staff to prepare the appropriate ordinance. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to approve the public involvement guidelines for the Lawrence Transit System as recommended by the Public Transit Advisory Committee. Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to approve the five (5) year lease extension with Health Care Access for the City owned building and property at 1920 Moodie Road. Motion carried unanimously. (10)
Mayor Rundle pulled from the consent agenda, the approval of the City Commission meeting minutes of September 21, 2004. He said at the September 21st City Commission meeting the issue of revisions to the proposed development code had been discussed. The minutes reflected that the City Commission was referring the development code back to the Planning Commission and someone had a concern that the Planning Commission’s review would only be limited to those items that the City Commission discussed. He said, however, that Linda Finger, Planning Director, told him in a discussion before this evening’s meeting that the Planning Commission could look at other items as well.
Moved by Dunfield, seconded by Schauner, to approve the City Commission meeting minutes of September 21, 2004. Motion carried unanimously. (11)
Commissioner Schauner pulled from consent agenda for separate discussion, the site plan for QuikTrip Store No. 167. He asked about this site plan’s conformance with the 23rd Street Corridor Study. He said, in reading the staff report, the report stated that, “when the subject property along with adjacent parcels to the east redeveloped, a shared drive would be created to group access from multiple parcels. The QuikTrip site plan proposes shared access with portions of Lots 1-4 of the Co-Op Subdivision.” He asked, did the proposed shared access with portions of Lots 1-4, satisfy the recommendation under the 23rd Street Corridor Study.
Jeff Tulley, Planner, said the 23rd Street Corridor Study did not specifically give an exact location of where that shared access point would be located. He said staff was looking for an access point that would provide access to all of the lots within the co-op subdivision and he thought the proposal successfully accomplished that recommendation under the 23rd Street Corridor Study.
He said in a perfect, ideal world, staff would like to see the entrance further to the east, but again, it did provide adequate access for both the corner lots. He said as any of the other lots would redevelop, it would provide enough sufficient space for shared access.
He said the applicant had requested a 40 foot wide access point at that location based on turning radius, but staff reduced that access point to 30 feet, which was what code required. He said the proposed access accomplished the goals and since the 23rd Street Corridor Study did not say that it specifically wanted an access point 300 or 400 feet from centerline of Haskell Avenue, it would be difficult to hold anyone to that standard or requirement.
He said this area would be a shared access point when those further lots develop and again, it accomplished that goal.
Commissioner Schauner asked if the other lots that were not being redeveloped under this proposal, have access to that drive.
Tulley said yes. He said staff had an agreement on file with the property owners indicating that they were aware of the shared access and those property owners agreed to it.
It was moved by Hack, seconded by Highberger, to approve the site plan (SP-02-12-04) for QuikTrip Store No. 167, located on the northeast corner of Haskell Avenue and East 23rd Street, subject to the following conditions:
Execution of a Site Plan Performance Agreement.
1. Revised Site Plan:
a. Relocation of accessible spaces/access aisle directly in front of entry doors;
b. Revision to “Site Summary Table”, Proposed Total (Impervious) square footage;.
2 Revised Landscaping Plan:
a. Correct plant nomenclature;
b. Reduction of plant volume in 1,275 sq. ft. “bonus” planting bed. Barberry shrubs to be planted 2’ on center; Junipers to be planted 3’ to 4’ on center;
3. Revised Photometric Plan to show reduction in foot-candle power on shielded
perimeter lighting, to below 10 foot-candles;
4. Execution of an agreement with the City of Lawrence for dedication of 1,020 sq. ft. of right-of-way on Haskell Ave, labeling of the right-of-way with filed book and page on the face of the revised site plan;
5. Execution of an agreement with the City of Lawrence for dedication of 20’ permanent easement along Haskell Ave., and 25’ permanent easement along E. 23rd Street, labeling of the easements with filed book and page on the face of the revised site plan. Permanent easements are for roadway, public access, pedestrian/sidewalk, and utility purposes;
6. Filing of a 40’ x 96’ public access easement by separate instrument with the Douglas County Register of Deeds, labeling of the easement with filed book and page on the face of the revised site plan;
7. Submittal of public improvement plans (decel lane, sidewalks, sanitary sewer, and storm sewer) to Public Works Department prior to filing of the final plat;
8. Submittal of public improvement plans (geometric modifications to north leg of E. 23rd Street and Haskell Ave.) to Public Works Department for approval, to be completed and accepted by the City prior to occupancy of the facility;
9. Filing of a final plat with the Register of Deeds Office prior to the issuance of a building permit; and
10. Issuance of a KDOT permit to work in right-of-way prior to release of site plan to Neighborhood Resources.
Motion carried unanimously. (12)
CITY MANAGER’S REPORT:
During the City Manager Report, Mike Wildgen said David Corliss, Assistant City Manager/Legal Services Director and Frank Reeb, Administrative Services Director/City Clerk, had been working with the Lawrence Board of Realtors concerning information on special assessments. The website links viewers to current and pending special assessments and could be viewed at: www.lawrence.org/specialassessment. The website was produced based on a statutory requirement that requires real estate sellers to advise people purchasing homes about any current or pending special assessments. He also presented a brochure to the City Commission that was produced by Lisa Patterson, Communications Coordinator. The brochure was an education tool concerning drinking and driving and a ride would be provided to those who chose to use this service. Brochures will be distributed to drinking establishments, fraternities, sororities, school districts, and other locations.
Commissioner Hack said the brochure was a good instructional piece. The U.S. Department of Transportation provided posters to classrooms that were along that same idea. She hoped those brochures would be distributed in junior high schools and both high schools.
Commissioner Schauner said concerning the issue in the City Manager’s Report on the Parks and Recreation project on “Mums the Word Downtown”, he was pleased that Parks and Recreation took the initiative of contacting Maria Martin, Downtown Lawrence Association, in the planting of those mums. (13)
Commission Items:
Commissioner Schauner said some months ago, as part of the discussion for the approval of the Hobbs Taylor Project downtown, there was a discussion about the possibility of sharing some increased assessed property tax income with the general area of the East Lawrence Neighborhood Association. He asked if the City Commission had any authority under Kansas Statutes to take part of that income, that increased valuation, and share that with other projects and if so, what was that authority. He said if the Commission did not have that authority, then what would the Commission need to do to make that happen. He expected that this idea would not be limited to the Hobbs Taylor Project, but other projects as well.
Wildgen asked Commissioner Schauner if he would like staff to prepare a report.
Commissioner Schauner said yes, so the Commission could figure out, as a matter of public policy, where the Commission would go from there. He said neighborhood leadership had been concerned about this issue for awhile and the lack of progress had been an issue.
Commissioner Highberger said he had discussed this issue with a number of people and would like to see it applied Citywide or at least to the core neighborhoods. He said it seemed like an accounting mechanism.
Wildgen said money could be budgeted for any public purpose.
Commissioner Schauner said part of his concern was that the City would not take that money out of the Hobbs Taylor Project, as an example, and spend that money on the west side. He said things would need to be mitigated as a result of that development.
Wildgen said the money would be taken from the general revenue and placed in a specific purpose just like any other community services that the City directly budgeted for. He said staff would make sure that they would not be violating any statutes.
Corliss said, as Commissioner Highberger indicated, it was really an accounting mechanism. He said this was somewhat similar to what was done with Percent for Art. It was not an actual taking of the money, but a reallocation of funds.
Commissioner Hack said a continued discussion would be if this was just in-fill development. She said it was not just collection of money, but how it would be determined where that money might be best used, and how that money was distributed. She hoped there was further discussion with neighborhood input.
Commissioner Dunfield suggested that issue be discussed at a future study session.
The other Commissioners agreed.
Mayor Rundle said his question was answered concerning if there were means other than those spelled out for tax increment financing districts.
Commissioner Schauner said Commissioner Hack raised good points about what policy perimeters get created, how much money was set aside, how the distribution occurred, and what policy drivers were there within that discussion. He said it raised good possibilities, but also raised problems in the actual distribution of the money. He said a study session was in order.
Wildgen said staff would prepare a report before the study session.
Mayor Rundle said he was assuming that Wildgen was including those statutory issues and limitations.
Wildgen said yes. (14)
Mayor Rundle commented that Lawrence and Douglas County had applied and was approved for the Integrated Emergency Management Course which would take place in Emmitsburg, Maryland on December 6th – 10th. This course was based on the City’s Management Plan in our governmental structure. He said the City would be attempting to have the broadest representation of staff and elected officials who would play a role in a community emergency.
He encouraged participation by City staff and the City Commission. He said FEMA was providing the lodging, transportation, and all the course materials. (15)
Public Comment: None
Henry Johnson, Lawrence, said he lived in Lawrence for over 50 years. He explained a situation concerning his doctor’s office and how he was treated.
Mayor Rundle said the Department of Human Relations handled this type of complaint.
Wildgen said staff would set up a meeting with the Human Relations Department.
REGULAR AGENDA:
Moved by seconded Schauner, seconded by Hack, to recess into executive session for 30 minutes to discuss possible acquisition of real estate. Motion carried unanimously. (16)
The Commission resumed the regular session at 7:30 p.m.
Moved by Hack, seconded by Schauner, to adjourn at 7:30 p.m. Motion carried unanimously.
_____________________________
Mike Rundle, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
CITY COMMISSION MEETING OF SEPTEMBER 28, 2004
1. Agreement – Architectural design for Fire Station No. 4 , Sabatini & Assoc, for $107.500.
2. Bid – Large Line Sanitary Sewer Cleaning from Ace Pipe Cleaning for $52,436.25.
3. Bid Date – Comp Rehab Projects on Oct 12, for 3107 Longhorn, 278 Rawhide, 1525 E 28th Terrace; and 2002 W 27th.
4. Agreement – New Directions Behavioral Health for Employee Assistance Program
5. Ordinance No. 7831 – 1st Reading, no parking, N side of Applegate Ct.
6. Site Plan – (SP-02-12-04) QuikTrip Store NO. 167. NE corner of Haskell & E 23rd.
7. Site Plan – (SP-07-45-04) Overland Pointe, 27 dwelling unit, 2.3 acres, SE corner of Overland & Queens.
8. Site Plan – (SP-08-53-04) revised to add outdoor patio, Louise’s West, 1307 W 7th.
9. TSC – deny no parking, N side of 24th Terr from Kasold, E 200’.
10. Lawrence Transit System – Public involvement guidelines.
11. Health Care Access – 5 year lease extension, City owned bldg.