May 10, 2005
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 Highberger presiding and members Amyx, Hack, Rundle, and Schauner present.
RECOGNITION/PROCLAMATION/PRESENTATION:
With Commission approval Mayor Highberger proclaimed the week of May 8th – 14th as “Building Safety Week”; Saturday, May 14th as “NALC National Food Drive”; the week of May 15th – 21st as “Police Week”; and Sunday, May 15th as “Peace Officers’ Memorial Day.”
CONSENT AGENDA
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to approve the City Commission meeting minutes of April 26, 2005. Motion carried unanimously.
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to receive the Board of Plumbers and Pipe Fitters meeting minutes of March 16, 2005; and the Task Force on Homeless Service meeting minutes of April 6, 2005. Motion carried unanimously.
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to approve claims to 323 vendors in the amount of $1,795,773.84. Motion carried unanimously.
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to approve the Retail Liquor License for Dangermond Retail Liquor, 932 North 2nd. Motion carried unanimously.
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to concur with the recommendation of the Mayor and reappoint David Downing, Jim Stogsdill, and Rick Bryant to the Aviation Advisory Board. Motion carried unanimously.
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to set a bid date of May 24, 2005 for the 2005 Overlay and Curb Repair Program, Phase 2. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to set a bid date of May 31, 2005, for the Comprehensive Rehabilitation Program at 2558 Cedarwood, 1526 West 22nd, and 544 Arizona. Motion carried unanimously. (2)
The City Commission reviewed the bids for new laboratory cabinets, counters, and sinks to replace equipment being used at the Kaw River Water Plant for the Utilities Department. The bids were:
BIDDER BID AMOUNT
Fisher Scientific List Price $65,060
Fisher Scientific State Contract No. 2630 $45,542
Hicks-Ashby Company (Fisher Scientific
No. 2630 + Large Volume Dealer Discount $27,920 installed
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to award the bid to Hicks-Ashby Co., in the amount of $27,920 which included installation. Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to authorize the City Manager to enter into a contract with Development Strategies for $17,550 for services to include work on the retail market database and independent reviews of the market studies submitted by private consultants in support of Northgate Development and Bauer Farms Development. Funding will be provided by the Planning Department’s 2005 operating budget. Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to approve the expenditure of $27,000 for legal consulting services with Stephen Chinn, Stinson Morrison Hecker, for review and recommended text amendments to the draft Development Code. Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to place on first reading Ordinance No. 7828, rezoning (Z-07-32-04) 12.5508 acres from PRD-2 (Planned Residential Development District) to PRD-2 (Planned Residential Development District), with a maximum density cap of 13.7 dwelling units per acre. The property is located south of 24th Place between Crossgate Drive and Inverness Drive. Motion carried unanimously.
(6)
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to place on first reading Ordinance No. 7881, allowing the possession and consumption of alcoholic liquor on certain specified public property. Motion carried unanimously. (7)
Ordinance No.7876, allowing possession and consumption of alcoholic beverages on certain city property pursuant to a Teller’s Restaurant Sidewalk Dining License was read a second time. As part of the consent agenda, it was moved by Hack, seconded by Rundle, to adopt the ordinance. Aye: Amyx, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to approve the site plan (SP-07-41-04) for improvements to 830-832 Pennsylvania Street and construction of a parking lot at 716 East 9th Street, subject to the following conditions:
1. Execution of a Site Plan Performance Agreement.
2. Execution of an Agreement Not to Protest the Formation of a Benefit District for street and sidewalk improvements to 9th and Pennsylvania Streets.
3. Revision of the site plan to include the following:
a. The addition of two street trees in front of the building at 830-832 Pennsylvania Street.
b. Correction of the number of parking spaces to read “32 TOTAL PRKG”.
Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-01-02-05) for Hanscom-Tappan Addition, 2nd Plat, a replat of Tract B, Block 1, and Lot 14, Block 2, Hanscom-Tappan Addition, and a final plat of an adjacent tract, a 13-lot residential subdivision containing approximately 2.996 acres, property is generally described as being located south of 15th street and west of Haskell Avenue; and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of a revised Final Plat to amend the Mayor’s name to Dennis Highberger;
2. Provision of a revised Final Plat to correct the access restriction to state “No access shall be provided onto Haskell Avenue for Lot 1, Block 2.”
3. Execution of an agreement not to protest the formation of a benefit district for street, sidewalk and intersection improvements for 15th Street and Haskell Avenue;
4. Submission of public improvement plans for all public improvements per approval of the Public Works Department including:
a. Water lines;
b. Sanitary sewers;
c. Streets, curb & gutter profiles including driveway approaches,
d. Sidewalks; and
e. Storm drainage system;
5. Pinning of the lots in accordance with Section 21-302.2 of the Subdivision Regulations.
6. Execution of a Temporary Utility Agreement;
7. Provision of the following fees and recording documentation:
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;
d. Provision of street sign fees.
Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-02-03-05) for Lake View Addition No. 2, a replat of Lake View Addition, a proposed multi-family residential and commercial subdivision containing approximately 29.7261 acres, located north of Clinton Parkway and east of K-10 Highway (SLT); and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of a revised Final Plat to amend the Mayor’s name to Dennis Highberger;
2. Provision of a revised Final Plat to include a 10’ utility easement located along the gas line easement of Lot 3, Block 2;
3. Execution of an agreement not to protest the formation of a benefit district for street, sidewalk and intersection improvements for Lake Pointe Drive;
4. Submission of public improvement plans per approval of the Public Works Department prior to recording of the Final Plat with the Register of Deeds Office;
5. Pinning of the lots in accordance with Section 21-302.2 of the Subdivision Regulations.
6. Execution of a Temporary Utility Agreement;
7. Provision of the following fees and recording documentation:
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.
d. Provision of street sign fees.
Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-03-04-05) for Fall Creek Farms 11th Plat, a proposed single-family residential subdivision containing approximately 1.174 acres, located east of Monterey Way, west of Kasold Drive, and south of Peterson Road; and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of the following fees and recording documentation:
a. A current copy of a paid property tax receipt.
b. Recording fees made payable to the Douglas County Register of Deeds.
c. A completed Master Street Tree Plan in accordance with Section 21-708a.3.
d. A filed copy of the dedication of the drainage easement to be located outside of lot one.
2. A Temporary Utility Agreement.
3. Revision of the final plat to include the following:
a. Minimum elevation for building opening(s) for the pending structure(s).
b. The revision of the Mayor’s name to Dennis Highberger.
Motion carried unanimously. (12)
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-03-06-05) for Long John’s Silver’s/A & W Restaurant, a proposed commercial one-lot subdivision containing approximately 1.15 acre, located at 1503 West 23rd Street; and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of a revised Final Plat to include the following changes:
a. Location of 25’ cross access easement across the front of the property consistent with the location to be shown on the site plan for the same property, per staff approval prior to consideration of the Final Plat by the City Commission;
b. Show signature block for County Surveyor;
c. Amend name of Mayor to Dennis Highberger; and
d. Remove building setback lines from face of drawing;
2. Provision of a revised Final Plat to include the following easements including labels per section 21-609 as follows:
a. Of existing 10 ’ rear easement along south property line;
b. Of existing 15’ easement abutting south property line off-site;
c. Of new 10’ side utility easement along west property line;
d. Of new 5’ side utility easements along east property line; and
e. Of existing 5’ utility easement abutting east property line off-site;
3. Execution of an agreement not to protest the formation of a benefit district for street, sidewalk and intersection improvements for 23rd Street;
4. Submission of public improvement plans for all public improvements per approval of the Public Works Department;
5. Execution of a Temporary Utility Agreement; and
6. Provision of the following fees and recording documentation:
a. Copy of paid property tax receipt;
b. Recording fees made payable to the Douglas County Register of Deeds; and
c. Provision of a master street tree plan.
Motion carried unanimously. (13)
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-03-07-05) for Oakley Addition No. 3, a replat of Oakley Addition No. 1, Lot 15, Block 1, in Oakley Addition No. 2, and an unplatted tract of land, a proposed office and planned residential development containing approximately 9.614 acres, located west of Folks Road and south of West 6th 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:
a. Current copy of paid property tax receipt at the time of submittal of the final plat for filing.
b. Recording fees made payable to the Douglas County Register of Deeds.
c. Traffic sign cost will need to be paid prior to recordation of the final plat.
d. Completion of a Master Street Tree Plan.
2. Submittal of public improvement plans to the City Public Works Department prior to filing of the final plat.
3. Execution of a Temporary Utility Agreement.
4. Pinning of the lots per Section 21-302.2.
5. Provision of a revised Final Plat amending the Mayor’s name to Dennis Highberger
Motion carried unanimously. (14)
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-03-08-05) for 202 North 6th Street, a proposed three-lot single-family residential subdivision containing approximately 0.689 acre, located north of Walnut Street and east of 5th 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:
a. Current copy of a paid property tax receipt.
b. Recording fees made payable to the Douglas County Register of Deeds.
c. A completed Master Street Tree Plan in accordance with Section 21-708a.3.
d. A completed Agreement Not to Protest a Benefit District for Walnut and 5th Streets.
2. Provision of the following modifications to the final plat:
a. Provide outer, interior, and center lines for Walnut and 5th Streets.
b. Removal of the setback lines.
c. The following note should be included on the final plat: “As the property is located within the 1000-foot levee critical zone, a permit from the Corps of Engineers is required prior to any digging or excavating.
d. The revision of the Mayor’s name to Dennis Highberger.
3. A Temporary Utility Agreement.
4. Submittal of public improvement plans for sidewalks and driveway culverts per approval of the Public Works Department.
5. A lot pinning certificate in accordance with Section 21-302.2.
Motion carried unanimously. (15)
As part of the consent agenda, it was moved by Hack, seconded by Rundle, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-03-09-05) for Carpenter Addition No. 2, a proposed three-lot duplex-residential subdivision containing approximately 0.858 acre, located at 1050 East 24th 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:
a. Current copy of paid property tax receipt at the time of submittal of the Final Plat for filing.
b. Recording fees made payable to the Douglas County Register of Deeds.
c. Provision of a completed Master Street Tree Plan per Section 21-708a.
2. Execution of a Temporary Utility Agreement.
3. Pinning of Lots in accordance with Section 21-302.2.
4. Provision of a revised Final Plat amending the Mayor’s name to Dennis Highberger.
Motion carried unanimously. (16)
CITY MANAGER’S REPORT:
During the City Manager’s Report, Sgt. Randy Roberts, supervisor of the Lawrence Police Department Traffic Unit, said the traffic unit had obtained additional federal grants. He said with part of that grant money they would be purchasing the new Mobile Breath Alcohol Test van (B.A.T. van). He said after the grants ceased, they would be able to receive federal funds through certain STEP programs.
Commissioner Rundle asked if any of the future grants would require future funding.
Roberts said some of those grants obtained were a one time event. The B.A.T. van would be monitored for 4 years and at that time, the van would then be signed over to the traffic unit.
Ed Mullins, Finance Director, presented a summary of the 2005 First Quarter Financial Report, for the City of Lawrence. The report covered the first (3) months of 2005. He said the General Fund revenues were 32% of budget and increased by 1 million dollars from the same period last year. He said the General Fund expenditures increased 15% over the same period last year.
He said the one concern was the lack of sales tax growth, however, the 4th month showed some growth. He said he was still predicting a 2% growth for 2005.
Another concern was that the water revenue was down approximately $100,000 the first quarter. He said he hoped during the summer the water usage would grow. He said water expenditure was up because in the first quarter 2.5 million dollars were transferred to the Capital Improvement Reserve Fund because the City cash financed some of the water/sewer projects.
The Golf Course Fund was only 10% of budget due to the seasonality of rounds played. He said concerning the Golf Course Fund, revenue was up 16% over the first quarter of 2004. The revenue increase was likely the result of the closure of the public side of the Alvamar Golf Course. He said because the Golf Course Fund was experiencing cash shortage, he made the interest payment out of the bond and interest fund with the idea that in September, the full interest would be paid.
Commissioner Schauner asked about the Futures Golf Tournament and what effect that event had on the Golf Course Revenue side.
Mullins said he did not have that information, but he would get that information to the Commission.
Commissioner Hack said the Lawrence Country Club would be reconstructing their course in July which might have some effect on Eagle Bend Golf Course.
She said the Futures Golf Course event was a huge plus for Eagle Bend Golf Course because of the attendance which might have some impact on the course.
Commissioner Schauner asked Mullins whether our sales tax dollars were consistent with what other cities had seen in terms of growth or lack thereof in sales tax revenues for this current year.
Mullins said he would be attending the Eastern Kansas Government Finance Officers Bi-monthly meeting and would try to get that information.
Commissioner Schauner said he was less concerned with trends and was more interested in what they actually collected.
Mullins said a big part of the lack of growth in sales tax might be the increase in the cost of gasoline. He said people only had so much disposable income that they could spend.
Commissioner Schauner said what he had heard from local merchants was that March was fairly pathetic in terms of discretionary spending.
Mullins said sale tax bounced back a little bit with the April sales tax distribution which was encouraging. He said there was a time lag between when retail sales occur.
Also, during the City Manager’s Report, Chuck Soules presented the Public Works Department 2004 Annual Report.
The Director of Engineering for the Missouri/Kansas Chapter of the American Concrete Pavement Association presented an award to Rick Bryant, Chairman of the Aviation Advisory Board, for the rehabilitation of the Runway 119 Project with concrete white topping which provided a long-term low maintenance pavement solution.
Soules presented an award for Excellence in Field Supervision to Mike Cheek. He said Cheek had worked in the Public Works Department for over 38 years and had held every position from laborer to his present day position of the Solid Waste Supervisor and was responsible for overseeing over 85 employees.
(17)
REGULAR AGENDA ITEMS:
Conduct public hearing concerning the vacation of a 15' utility easement at 910 E. 29th Street in the Lawrence Industrial Park (former E&E Display building).
David Corliss, Assistant City Manager/Director of Legal Services, said there was a 15’ utility easement that was platted that was not needed which ran down the center of the former E&E Display building location. He said there had been discussions about the transfer of that property and the cleaning up of those title documents. He said staff had reviewed that site and consulted with other utilities and it was staff’s recommendation that the City Commission approve the Order of Vacation for 910 East 29th Street.
Mayor Highberger called for public comment.
After receiving no public comment, it was moved by Rundle, seconded by Hack, to close the public hearing. Motion carried unanimously
Moved by Hack, seconded by Schauner, to approve the Order of Vacation of a 15’ utility easement at 910 East 29th Street in Lawrence Industrial Park (former E&E Display building). Motion carried unanimously. (18)
Conduct public hearing to consider the following vacation of rights-of-way:
a) Vacation of the 60 ft. right-of-way of Delaware Street from 15th Street south approximately 383 ft., Delaware Court, and the east half of the right-of-way of Pennsylvania Street from 15th Street south approximately 600 ft., Brookdale Addition, 1501 Pennsylvania Street as requested by Austin and Ruth Turney.
b) Vacation of a portion of Delaware Street as requested by Stanley and Linda Hayden
Chuck Soules, Public Works Director, presented the staff report. He said the Turney’s had requested the vacation of the following:
a. The vacation of the 60 ft. right-of-way of Delaware Street from 15th Street south approximately 383 feet.
b. Delaware Court.
c. The east half of the right-of-way of Pennsylvania Street from 15th Street south approximately 600 ft.
He said since the right-of-way of Pennsylvania Street was platted from the Turney’s property, staff was recommending that the vacated area be returned to their ownership.
He said regarding the Hayden’s, they had requested the vacation of Delaware Street right-of-way adjacent to their property. The one downside to that vacation was that Delaware would be a dead end with no turn around. The only other issue was that staff needed to reserve a utility easement on Pennsylvania, which the Turney’s were aware of.
Vice Mayor Amyx asked if the utility easement was already part of the original plat
Soules said right now the easement was in the dedicated right-of-way and if that right-of-way was vacated, that area would vacate with the condition that a utility easement remained in its place.
Mayor Highberger called for public comment.
AustinTurney said his property was platted over 50 years ago at which time his father believed that most of the property would be developed as other surrounding areas. He said after that time the property was entered in the National Register of Historic Places and was popularly known as the Samuel/Riggs property. He said for practical purposes the people that he had consulted in real estate more recently had said its value lied in being a single piece of property with a historic building in the historic setting.
He said neighbors on Delaware Street said that they valued the quiet neighborhood and would prefer not to have another street entrance and egress from the area.
He said in addition to the easement on the west border there were a couple of other easements that were in existence. He said there were sewer lines that ran across the rear of the property which was no problem. There was also a drainage easement which was a rough channel that ran from the stub end of Pennsylvania Street across to Delaware Street, but they were content to handle that situation. He said they would appreciate the vacation of those rights-of-way and would continue to maintain that property as they had for more than 50 years.
Moved by Schauner, seconded by Amyx, to close the public hearing. Motion carried unanimously.
Moved by Hack, seconded by Schauner, to approve the Order of Vacation of the 60 foot right-of-way of Delaware Street from 15th Street south approximately 383 ft., Delaware Court, and the east half of the right-of-way of Pennsylvania Street from 15th Street south approximately 600 ft., Brookdale Addition, 1501 Pennsylvania Street, and authorize the Mayor to sign the vacation order. (19)
Moved by Hack, seconded by Schauner, to approve the Order of Vacation of a portion of Delaware Street and authorize the Mayor to sign the vacation order. . Motion carried unanimously. (20)
Conduct public hearing to consider the vacation of a 15 ft. utility easement located at the rear of Lots 38 through 44, inclusive, Block 1, Westwood Hills Addition.
Chuck Soules, Public Works Director, presented the staff report. He said the utility easement was originally established for a sewer line, but there was a 10 foot easement located outside the right-of-way for all those streets in that area, therefore the easement was not needed. He said one of the owners of those lots wanted to construct a pool, but the easement was a problem which was the reason for the request of vacation. He said staff had contacted all of the utility companies and there were no issues with that easement. The only issue was a small condition on the vacation order. As the easement came through, a contiguous easement was needed along Landon Court therefore, they were exempting a 15’ strip contiguous around the curb.
Mayor Highberger called for public comment.
Moved by Rundle, seconded by Amyx, to close the public hearing. Motion carried unanimously.
Moved by Amyx, seconded by Schauner, to approve the Order of Vacation of a 15 foot utility easement located at the rear of Lots 38 through 44, inclusive block 1, Westwood Hills Addition and authorize the Mayor to sign the vacation order. Motion carried unanimously. (21)
Receive report from Bruce Flanders regarding a recommendation on the prime consultant for the library expansion project.
Bruce Flanders, Lawrence Public Library, Library Director, said Steve Clark, architect for Gould Evans was the recommended prime consultant for the library expansion project. He said the Lawrence Public Library had a tremendous future in serving this community.
He said the population of Lawrence at the time their current facility was constructed in 1972 was approximately 40-45,000 individuals. He said the community had grown, but yet the library was still operating within basically the same space. As a result of all the new service initiatives that they had undertaken, such as the new technology and outreach programs, they felt they could provide much better library service from an expanded facility. He said he wanted to bring in expert assistance in helping assess their future needs.
The fact that they were looking currently at the library’s current location was their primary opportunity for growth and was based on 3 factors. First of all they did not want to leave the community of Lawrence with a vacant facility for which another use must be found. Secondly, in the current location they could provide significant additional benefit to the City outside the library itself by developing adequate parking, not only for the library, but additional parking that would be supportive of some of the properties that were nearby. It seemed that with the Lawrence Aquatic Center, that there was a significant need for additional parking in that area of downtown Lawrence. Lastly, in the design charette that was conducted in April 2004 there were a number of different potential downtown locations that were examined. The current library location received, by far, the most positive and affirmative votes from those who participated in that design charette as the most logical site for the library expansion. He said based on those three factors they felt they would initially like to examine the feasibility of their current site.
He said he also wanted to emphasize that as they developed library service for the years and decades to come, he said he had a tendency to think in too restrictive terms. He said he would like for everyone to think, plan, and envision in a large way which was something that could be done with the assistance of a consultant.
Also he commented on the process for this study to determine what consulting firm they would like to recommend to the Commission. He said this idea stemmed from a study session they had with the City Commission earlier this year in which they developed a request for qualifications. The City’s Purchasing Department issued that RFQ and was distributed in an on-line format and they had received a number of responses. As a result, they interviewed three potential consulting firms and now they were coming to the City Commission with a recommendation based on the qualifications, experience, satisfied clients, and the orientation and focus on the library itself as opposed to development. He said they followed the City’s procedures to the letter and that process went well.
He said they were recommending to the Commission the Gould Evans firm in which the City Commission received an electronic copy of their scope of work. He said what they were seeking was the exploration of a new Lawrence Public Library. The primary goal for this process was to explore how several current uses including the existing aquatic center parking, retail shopping, residential uses, and other significant elements could influence the design and utility of an expanded library facility. He said they were seeking expert consulting assistance to determine the feasibility of their existing site to serve the community.
He asked the City Commission for their approval of the recommended vendor for this particular consulting service process and for the approval of the release of the special reserve funds that were held by the City for the purpose of that consulting process. He said he believed there was approximately $200,000 available in that reserve fund and they anticipated an expenditure working with that particular consultant of $50,000.
Commissioner Schauner asked if it was Flanders’ expectation that the Task Force maintain its current membership throughout the project.
Flanders said the New Direction Task Force could and should continue with its existing membership and hopefully they could add members. He said what they had attempted to do with the New Direction Task Force was to create a cross section of the Lawrence community and to be represented of different interests throughout the community and in that regard they would like to expand even further the group that they had now.
He said the Gould Evans firm would work not only with the library staff and the Library Board, but also with the New Direction Task Force and continue to communicate actively with public forums.
Commissioner Schauner asked about the role and need for a developer in this process.
Craig Penzler, Library Board member and New Directions Task Force Chair, said as they worked through the study session, they talked about their goals. He said they knew that the library had some needs that they would push outside the boundary in the footprint of the library just in parking. The parking solution for the library was going to require that they work off of that footprint because there was not enough footprint to construct a library and parking. He said just the parking solution was going to drive part of a development that would need to occur around the library project.
He said there were other projects and with the core development of some of the retail with the new emphasis on residential downtown, there were some exciting synergies and exciting potential and a new destination library, they hoped, created an engine to generate some private investment that could help take care of some of that parking solution and benefit downtown. He said their focus for the library was to deal with the peripheral because they were going to need to find a parking solution for the library and the aquatic center. He said everyone that needed to do something downtown needed parking and to come up with a joint solution with other downtown developments made the most sense.
Flanders said in order for a central single library to serve a community of this size and for people to be motivated to get to the Lawrence Public Library, the library needed to be spectacular. He strongly suggested that within a year of the library’s opening that they would exceed a million items circulated. He said that was a lot of foot and vehicular traffic to bring to a parking garage and in turn to the aquatic center, library, and potential ancillary uses around the library.
Vice Mayor Amyx said with the million items that would be circulated, he asked what number that would equate to with the number of people per year.
Flanders said the present library enjoyed approximately 550,000 user visits annually. He said the library had security gates with pedestrian counters and they were able to accurately track the number of people who used the library. He said the number of users would jump approximately 25%.
He said they would continue to see uses in all different ways. He said they were enhancing their library website and they had seen an incredible increase in its use within the last year after a very significant redesign of their website. (www.lawrencepubliclibrary.org) He said they would see vast increases in electronic use of the facility as well. He said as they continued to progress toward an increased digital access to information, the library still served as an incredible community crossroad. He said the library was a meeting place for everyone in the community and they wanted to continue that meeting place.
Commissioner Schauner asked to comment about the RFQ process and how Gould Evans was selected.
Flanders said they had received four Request for Qualifications, from four different vendors. They had formed a selection committee which included himself; Craig Penzler, Library Board member and New Directions Task Force Chair, Jeff Smalberg, Library Board of Trustees, Mike Wildgen, City Manager; and Mayor Highberger. He said they interviewed three of the four vendors and weeded out one of the four responses based on what they felt was lack of comparable capabilities to the three vendors they interviewed. He said the vendors came in from the suburb of Chicago, Kansas City, and Lawrence. He said based on their presentations, and questions, they discussed the relative merits of the three vendors. He said they felt that Gould Evans stood out in a number of ways particularly because Gould Evans focused strongly on the development of the library itself as opposed to the general development of that area downtown. Although, while Gould Evans did not exclude that general development, their presentation was library focused. He said Gould Evans had worked with a number of different libraries and their client list was extremely impressive.
Commissioner Schauner said he hoped one of the stakeholders would be from the literacy project and that he/she be considered to be placed on the New Direction Task Force.
Flanders said he had communication with Hans Fisher, a key person on that literacy project, and they were very much in the mix.
Commissioner Schauner asked if the New Development Task Force thinking would include the possible use of the old Carnegie Facility.
Flanders said that their group was not focused on that thinking. He said they were focused on the area of the current library. He said a number of people thought that the Carnegie Facility could be the children’s library and their other operation could be conducted at the current library facility, but he thought that was a step backwards. The synergy that occurred when a family came to a library and everyone’s information needs were met in one location could not be beat. The idea of separating the children from the adults would be a step backwards.
Mayor Highberger called for public comment.
After receiving no public comment, it was moved by Rundle, seconded by Hack, to authorize execution of a consultant service agreement for a prime consultant for the library expansion project. Motion carried unanimously. (22)
Consider approving the HOP District Plan and direct staff to provide guidance to the neighborhoods in the implementation of the plan. The HOP (Hillcrest, Old West Lawrence, Pinckney) District Plan includes the area bounded by W. 5th, Alabama, W. 7th, and California Streets.
Michelle Leininger, Planner, presented an overview of the HOP District Plan. She said citizens from three neighborhoods made the request. The planning team consisted of residents, business owners, and Planning Staff, who discussed goals and objectives for an action plan. She presented a map of the area of discussion to the City Commission.
She said the reason for the request of a HOP District Plan was because a proposed multiple-family development within the area was proposed; there was a need for updated zoning; and to protect and enhance the area.
She said some of the concerns from the neighborhood meetings were:
• Land uses and zonings;
• Protection and enhancement of single-family residential uses and zonings;
• Revitalization of commercial uses;
• Encouragement of mixed-use development;
• Improvement of the district as a gateway to downtown; and
• Emphasizing the district as an entryway for the Lawrence Memorial Hospital.
She said a land use survey was conducted of the area and it was found that the majority of the structures were in good condition. She said 44% were single-family properties, 33% were multi-family, 20% commercial, and 3% were other uses which ranged from industrial mixed use, vacant, and park uses. She said there were approximately 22 properties where the current use was not permitted in the current zoning and 37 properties where the current use would be better suited in a different district, but that use was allowed in the current zoning district.
She said some of the consistency pulled out of the HOP District Plan and Horizon 2020 was the recommendation of commercial design guidelines, utilization of streetscape to establish character of an area, access management, connectivity, and pedestrian friendly environment.
She said the goals and recommendation of the HOP District Plan was:
1. Preserve and improve commercial urban core and adjacent historical residential neighborhoods by encouraging aesthetically appealing redevelopment through design standards;
a. Develop and adoption of design standards for the district;
b. Design guidelines to implement these standards address:
• Building design
• Landscaping
• Traffic issues
• Pedestrian usage
• Maintain building scale
• Preservation of historic buildings and uses
• Density cap
2. Encourage redevelopment and support compatible mixed-use development through:
a. Preserving residential use and character, which is predominantly single-family residential along edges of the district;
b. Updating zoning to reflect existing use wherever appropriate and consistent with plan goals;
c. Requiring reasonable transitions, whenever possible, through buffer uses and zonings between single-family residential and higher density uses;
3. Promote identification of the district as a gateway to downtown and as a medical entryway for community medical services by:
a. Incorporating pedestrian friendly design characteristics, similar to downtown, into the HOP District;
b. Providing incentives for medical uses to locate in the district; and
c. Supporting medical uses as acceptable buffers between commercial and residential uses through the district.
Recommendations on how to implement these goals were:
1. Design Guidelines to Protect and Enhance Eclectic and Historic Character
It is recommended that a task force be created. This task force would create design guidelines and an overlay district(s) for the HOP District similar to those created for the downtown. The design guidelines should in include elements with specific guidance on: transitional design, landscaping, outdoor lighting, aesthetics, curb cuts (minimization), pedestrian connectivity, parking, massing building type, site layout, building orientation, building setbacks, traffic generation and flow patterns, density caps and historic resources
2. Zoning Update to Reflect Use
It is recommended that a task force be created to review and work with affected property owners in the three identified zoning areas [See Map 4-1] The neighborhood have identified the three areas because of the concerns regarding the compatibility of the existing outdated zoning with current character and uses, the preservation of single-family homes, and the application of zoning buffers between uses. The identified areas should be revised to reflect these issues where possible.
There is a predominance of single-family detached dwellings in multiple-family residential and commercial zoning districts. [See Table 2-5] Preservation of single-family detached dwelling sin RS zoning districts is a high priority. Where possible and consistent with the plan’s goals, properties abutting the commercial zones should be a form of mixed use, multiple-family residential, and office uses and zonings. This will provide a progression from low to medium density residential to the commercial uses. It is recommended that these examinations be done in collaboration with the affected property owners.
Commissioner Rundle asked if the moratorium would need to be extended for any of those task forces.
Leininger said not at this time. The moratorium expired on April 25th.
Emily Hill, speaking on behalf of the Hillcrest Neighborhood Association, said this plan was a result of an unusual collaboration among three old central Lawrence neighborhoods. She said they were acting on a vision now and in the future. She said they were optimistic about the impact this plan could have on a primary corridor through town and its ability to revitalize and area that bordered Hillcrest, Old West Lawrence, and Pinckney and in so doing strengthen three historic neighborhoods.
She thanked the City Commission for giving the neighborhoods the opportunity to develop this plan and hoped the Commission would continue to give this plan full support. She said this was just a first step in a long process and the hard part was yet to come.
Gwen Klingenberg, representing the Pinckney Neighborhood Association, said they were very excited about this plan. She said to get back and forth across 6th Street was very essential. They had discussed a pedestrian crossing across 6th Street, west of Michigan. The City had already started looking at the crossing at 6th Street at Tennessee and Kentucky. She said their neighborhood supported the plan.
Malcom Ludwig, President Old West Lawrence Neighborhood Association, said they supported this plan and hoped the Commission did too.
Commissioner Schauner asked Finger where this issue needed to go next.
Finger said the first step would be to adopt this plan as a formal document and then begin implementation by the creation of task forces that would look at the goals and whether those goals needed to be consecutive or at the same time. She said there was an overlap in those goals so she suggested looking at zoning first.
She asked the Commission to recall that a site plan on the 7th and Wisconsin property was not resolved as far as zoning and a task force would be looking at that area for compatibility of zoning versus use.
Commissioner Amyx asked about the timeframe to implement this plan.
Finger said bringing property owners together took a lot of time. She said the most optimistic time frame would be approximately 90 days to look at the land uses versus the zonings. Each of those areas would have two meetings, one meeting to discuss whether there was an agreement on compatibility and the second meeting to review the use and zoning incompatibilities and what should occur.
Hill said they had actually identified three different areas that needed to be looked at for rezoning. Those areas had different problems and it might be practical to take one or two areas at a time, but looking at those areas all together was not necessarily required.
Mayor Highberger thanked staff for the work performed on this issue. He said he saw a little bit of tension between the desire for buffering and the desire for mixed uses because those issues were contradictory, but he was sure there could be a plan worked out for that area. He said he was ready to approve the plan and move forward.
Commissioner Hack agreed. She suggested making those processes work together. She asked about the comment that the moratorium expired.
Wildgen said the timing was such that when the plan was adopted, the intent was for the expiration to stay with the plan. He said there had to be some expectation that the moratorium would end.
Commissioner Rundle said concerning the areas to be rezoned, he asked if there were potential redevelopment requests that could get ahead of the rezoning.
Hill said when they initially established a moratorium, one of the assumptions was that the new zoning regulations would be in place. She said she did not know when the new zoning regulations would be implemented.
Commissioner Rundle said he wanted to make sure we did not go two steps forward and three steps back because this plan was on a very positive track. He said the neighborhoods were doing a good job of recognizing that there were competing interests and they all had equal standing and he wanted to keep that collaborative spirit. He asked if the design guidelines were going to have an impact across the entire area in which case a moratorium would be needed over the entire area.
Finger said the design guidelines would take some time. The concept was that the guidelines would extend across the entire HOP area where the rezoning would be in those three primary areas outlined on the map. The first subcommittee for goal 1 could work along with another subcommittee looking at the specific zonings with property owners. She said staff committed to help from a technical aspect so the property owners and business owners could move at a pace that could easily accommodate within their schedules.
Klingenberg asked if overlay districts were part of the old zoning regulations.
Finger said this plan was originally written based upon the new development code. The overlay district language would help and hopefully the development code would be adopted this year.
Klingenberg said if they worked toward an overlay district they would need to wait for the new zoning regulations. She asked if there was a possibility that they might have some problems that were not expected.
Finger said a person would need code or policy to apply for an overlay district.
Klingenberg asked if they wanted to look at an overlay district would they need to wait for the approval of the new zoning regulations.
Finger said yes, but having the work and details on that overlay district completed would not need to wait.
Mayor Rundle said since a moratorium would need to be placed on a future agenda perhaps they could get some feedback on that overlay district.
Commissioner Schauner asked Finger whether overlay districts were currently part of the development code.
Finger said overlay districts were not part of the current development code.
Commissioner Schauner asked if they could, independent of adopting the new development code, create an overlay district as a matter of policy.
Finger said yes, through policy, but those were the only two processes available at this time. If it was just a working draft, typically it would not apply to a development project and it would need approval by the City Commission.
Commissioner Schauner asked Finger if she believed that creating an overlay district for the HOP area would be inconsistent with the spirit of the not yet adopted development code.
Finger said no. She said it would work smoothly. The development code allowed the creation of overlay districts, specifically discussed the transportation corridors, and identified the different corridors. She said the goal that was discussed identified the design guideline and those standards would fit easily into that section of the new code that dealt with the transportation corridor. She said there was the ability to do overlay zones and those zones needed to have a defined area.
Commissioner Schauner asked if the task force would bring back some recommendation with respect to creation by policy of an overlay district. He said they could do that in a shorter timeframe than if they waited through some lengthier development or zoning code process.
Finger said in theory it could be shorter, but design standards took some time to write.
David Corliss, Assistant City Manager/Legal Services Director, said adopting an overlay district by policy did not have the force of law. He said in order to effectively adopt an overlay district, a text amendment would be needed that would give specific language and then rezone that district as the overlay.
Commission Schauner asked if they would need to do a text amendment to the zoning code.
Corliss said correct. He said that could be done independent of revision and adoption of the development code. He said they could have a separate overlay district. The question was whether or not the Commission wanted to wait for enactment of the new development code. He asked if there was potential for development or redevelopment that varied from the standards that the Commission was conceptually approving at this time. He asked if there was a possibility of redevelopment or development in that area that would vary from those pending standards.
Commissioner Schauner said certainly redevelopment or development that varied was possible, but he asked would they have any information in which the Commission could come to the decision if it was probable. He said he did not know if anyone did until there was an application. He said the last thing he wanted to do was to have this issue drawn out so long so that the Commission lost their ability to move ahead.
Mayor Highberger asked if staff could report back in a few weeks on the advisability of a further moratorium or steps that could be taken immediately to ensure that the HOP District Plan was implemented appropriately.
Finger said yes. She asked whether it would be appropriate to contact the property owners in the three affected areas and ask if the property owners had current expectations to develop or redevelop or was the Commission interested in the entire area enclosed by the HOP boundaries.
Mayor Highberger said he was not sure he was interested in a moratorium at all, but he would like staff to do what they could to ensure that the task force recommendations could be implemented.
Commissioner Schauner suggested that it was the alternative that on one hand there could be a moratorium or an overlay for the three districts for the zoning consideration and the other would be for the entire HOP area. Any moratorium should be reasonably related in terms of length to the time it reasonably took to do the work and not just an open ended moratorium. He said he would like staff thinking on those alternatives rather than focusing on just one.
Finger said staff could come back to the Commission with a projected timeline once a task force was established with steps and approximately how long those steps could take.
Commissioner Schauner said the only problem was that if staff found out that information and then a moratorium or overlay was implemented, it would look like they were trying to stifle someone’s project whereas if staff just did this without the appearance of trying to stifle a particular project, he would feel more comfortable with the objectivity of that idea than he would having more information about what someone might be planning for a specific location.
Vice Mayor Amyx suggested supporting the idea of the HOP District Plan and seeing the plan implemented all the way through which would cause the need for the moratorium to continue.
Mayor Highberger asked staff to draft a moratorium covering those areas suggested by Commissioner Schauner and place the moratorium on an upcoming agenda for consideration.
Finger said staff could draft a timeline for the City Commission to consider at the May 31st City Commission meeting.
Commissioner Schauner asked staff to bring back more than just a timeline, but also some language on containing a moratorium.
Moved by Schauner, seconded by Amyx, to approve the HOP District Plan and direct staff to provide guidance to the neighborhoods in the implementation of the plan. The HOP (Hillcrest, Old West Lawrence, Pinckney) District Plan includes the area bounded by W. 5th, Alabama, W. 7th, and California Streets. Motion carried unanimously. (23)
PUBLIC COMMENT: None
COMMISSION ITEMS: None
Moved by Schauner seconded by Amyx, to adjourn at 9:00p.m. Motion carried unanimously.
APPROVED:
_____________________________
Mike Rundle, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
1. Bid Date – 2005 Overlay & Curb Repair Program, Phase 2, May 24th.
2. Bid Date – Comprehensive Rehab Program, 2558 Cedarwood/526 W 22nd/544 Arizona, May 31st.
3. Bid – Laboratory cabinets, counters & sinks to Hicks-Ashby Co., for $27,920.
4. Contract – Development Strategies for $17,550 for market studies.
5. Legal Consulting Services – Stephen Chinn Stinson Morrison Heck for draft Development Code.
6. Rezone (Z-07-32-04) 12.5508 acres, PRD-2 to PRD-2, S of 24th Pl between Crossgate & Inverness.
7. Ordinance No. 7881 – 1st Read, allow consumption of alcohol, Dad Perry Park, May 22, 4 to 11 p.m.
8. Ordinance No. 7876 – 2nd Read, allow consumption of alcohol, Teller’s sidewalk dining.
9. Site Plan – (SP-07-41-04) 830-832 Penn & parking lot at 716 E 9th.
10. Final Plat – (PF-01-02-05) Hanscom-Tappen Addition No. 2, 2.996 acres, S of 15th & W of Haskell.
11. Final Plat – (PF-02-03-05) Lake View Addition No. 2, 29.7261 acres, N of Clinton Pkwy & E of K-10 (SLT).
12. Final Plat – (PF-03-04-05) Fall Creek Farms, 1.174 acres, E of Monterey Way, W of Kasold, & S of Peterson.
13. Final Plat – (PF-03-06-05) Long John’s Silver’s, 1.15 acre, 1503 W 23rd.
14. Final Plat – (PF-03-07-05) Oakely Addition No. 3, 9.614 acres, W of Folks & S of W 6th.
15. Final Plat – (PF-03-08-05) 202 N 6th, 0.689 acre, N of Walnut & E of 5th.
16. Final Plat – (PF-03-09-05) Carpenter Addition No. 2, 0.858 acre, 1050 E 24th.
17. City Manager’s Report.
18. Order of Vacation – 15’ utility easement, 910 E 29th, Lawrence Industrial Park.
19. Order of Vacation – 60 ft. R-O-W, Delaware from 15th S approx 383’, Delaware Ct, & E ½ of R-O-W Penn from 15th S approx 600’, Brookdale Addition, 1501 Penn.
20. Order of Vacation – Delaware Street.
21. Public Hearing – Vacation, 15’ utility easement, rear lots 38 – 44, Blk 1, Westwood Hills Add.
22. Consultant Service Agreement – Library expansion project.
23. HOP District Plan – Hillcrest, Old West Lawrence, Pinckney, bounded by W 5th, Alabama, W 7th & California.