January 11, 2000

 

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 Hodges presiding and members Dunfield, Henry, Kennedy and Rundle present.  Student Commissioner Smalburg was present.  

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the City Commission meeting minutes of January 4, 1999.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve claims in the amount of $919,634.07.  Motion carried unanimously.     

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the recommendation of the Mayor and appoint Stephen Dowdell to the position of Human Relations Commission; the appointment of Bill Penny to the Parks and Recreation Advisory Board; the appointment of Chrisy Khatib to the Special Alcohol Fund Advisory Board; the reappointment of Beth Reiber, Randal Weseman, William Bayouth and, the appointment of Susan King, Michael Doudoroff, Khalila Blosser, Bill Keel and Mickey Woolard to the Sister Cities Advisory Board. Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve a purchase order to Nextel Communications for $27,600.00 for communication equipment and service for the Utilities Department.  Motion carried unanimously.                                                                                                                           (1)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve a purchase order to Nalco Chemical Company for $68,340.00 for polymer for the Clinton Water Treatment Plant.  Motion carried unanimously.                  (2)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve a purchase order to Motorola Direct for $67,000.00 for radios for the Police Department.  Motion carried unanimously.                                                          (3)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the City Manager to enter into a contract with North Company in the amount of $26,877.00 for the Transit System Graphic Design Services.  Motion carried unanimously.                                                                                                                         (4)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the City Manager to execute an agreement with Landplan Engineering in the amount of $70,300.00 for the design of George Williams Way, north and south of West 15^th Street.  Motion carried unanimously.                                  (5)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt Resolution No. 6143, authorizing the City Banking Services Agreement with First Bank.  Motion carried unanimously.                                                         (6)

Ordinance No. 7181,rezoning (Z-6-22-98) approximately ten (10) acres from A (Agricultural District) for RS-1 (Single-Family Residence District) property commonly known as St. Margaret’s Church property on West 6^th Street was read a second time. 

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried.                                                                                                       (7)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive the request for tax abatement and Industrial Revenue Bond financing from Reuter Organ and refer the request to the Administrative Review Committee for recommendation.  Motion carried unanimously.                                                                  (8)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to refer the Revised Preliminary Development Plan for Parkway Plaza PCD, located at 22^nd and Kasold to the Planning Commission for review and recommendation.  Motion carried unanimously.                                                                                                   (9)  

Mike Rundle expressed concerns about the proposed bike trails at Prairie Park and Mary’s Lake.  He said current design standards might not be appropriate for the Nature Center or Mary’s Lake.  He suggested that any plans for this project be reviewed by the Prairie Park staff and the neighborhood.  A different type of trail should be used in this area.     

The City Commission concurred to proceed with acceptance of the grant from the Kansas Department of Wildlife and Parks Grant for Prairie Park/Mary’s Lake Trails Project, authorize solicitation of engineering services for the projects and have public and staff input in the design of the trails. 

Moved by Hodges, seconded by Kennedy, to authorize the acceptance of the grant from the Kansas Department of Wildlife and Parks Grant for Prairie Park/Mary’s Lake Trails Project and authorize solicitation of engineering services for the projects and have public and staff input in the design of the trails.  Motion carried unanimously.     (10)

Ordinance No. 7150 establishing the Department of Public Transit and the Public Transit Advisory Committee was read a second time.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Student Commissioner: Aye. Motion carried unanimously.                      (11)

Mayor Hodges called a public hearing on the proposed special assessments for Myers and Wiggins Additions.

Craig Cochran, representing the Jehovah Witness Kingdom Hall Congregation, requested the City Commission modify the benefit district to reflect the agreement they had with Myers to construct the street at a cost not to exceed $17,000.00.  The church property generated no income and it was appropriate for the private development on the west to pay a larger percentage of the cost.  He thought the signed agreement should be followed. 

Dunfield asked how the church accessed its property prior to construction of Myers Court.

Cochran said the church had access to 19^th Street by private drive.

William Myers, developer, said the benefit district was properly formed and the distribution of cost within the benefit district was by front footage as authorized by the City.  The request to assess the property one-third (1/3) to the east and two-thirds (2/3) to the west was not approved by the City.  The so called written agreement referred to by the Jehovah Witnesses was a proposal that was presented to the City as a possible way of proceeding with the benefit district.  He did not think the proposal presented a fair distribution of the cost. The cost breakdown was offered if that was the only way the street could be built.  The proposal presented by the Peridian Group was not accepted by the City and no signed copies were ever distributed to the property owner’s including him.  The church was informed of the intentions of this project since February of 1998.  The characterization the property owner’s to the west were more able to pay assessment costs because of greater benefits was not supportable.  Much more of the traffic on Myers court was the result of the Kingdom Hall Congregation than the residents on the west side.  Myers said there was no misrepresentation on his part at any time during the project with the City.  The Jehovah Witnesses had signed an agreement not-to-protest the formation of a benefit district for these improvements.

Kennedy asked if the cost increase came before or after construction.

George Williams, Public Works Director, said the estimated cost of the project was increased after bids were received for the project.

Cochran said the Church never approved the Myers Court Development.  They arrived at a $17,000.00 figure based upon what they perceived to be a fair representation of the costs.  There was no way for the property to generate income.  The signed agreement should be followed.

Myers said his development was not designed to make money.  One of the lots was given to his daughter to build a house.  The proposal was rejected by the City.

Moved by Henry, seconded by Rundle, to close the public hearing.  Motion carried unanimously.                                                        

Dunfield asked if there were precedent for the type of assessment that was outlined in the proposed agreement.

David Corliss, Legal Services Director, said there were projects built with a unique spread of the assessments, but those project were generally formed by petition from the property owners.  This benefit district was legally formed and used an appropriate front footage costs for spreading the assessments.  The validity of the agreement between the owners should be determined between the parties. The City might have failed in not informing all of the parties in a timely manner of the additional costs involved with the project.  Staff generally tried to avoid spreading special assessments as proposed in the letter and tried to direct property owners to a front footage form of assessment.     

Rundle asked why the project increased in cost from $50,000.00 to approximately $80,000.00.

Myers said it took a long time from the formation of the benefit district to actual bids, the City changed the requirement for corrugated pipe for drainage to concrete pipe, and the original estimate of the Peridian Group might had been wrong.

Hodges said the benefit of this project was clearly to the property owners and none to the City.  He thought Myers reached an agreement with the church to pay up to one-third (1/3) of the cost with a maximum of $17,000.00.  He saw no general benefit to the City-at-Large.

Henry suggested the one-third (1/3) – two-thirds (2/3) split be used with the new amount.  That would result in approximately $27,000.00 to the property on the east and $53,000.00 to the property on the west with the properties on the west splitting the cost sixty/forty (60/40)

Dunfield said there was a clear difference on benefit to the properties.  The property on the east had access prior to the development and the west did not.

Kennedy supported splitting the new cost as proposed in the agreement.

Corliss informed the City Commission that State Statute required the City Commission to spread the benefit as identified in the Resolution ordering the benefit district which was a front footage bases.  He thought the City had two (2) options which were to participate in the cost of the benefit district or encourage the property owners to work out an agreement and at that point the City would determine the appropriate way to implement that agreement.

Hodges thought it was appropriate for the one-third (1/3) – two-thirds (2/3) split among the property owners.  He suggested a meeting between the property owners to reach an agreement.

Rundle said it may be best to use the front footage basis of assessments as presented by staff.  He saw some value in the argument proposed by Myers.

Moved by Hodges, seconded by Kennedy, to defer action on first reading of Ordinance No. 7183 for two (2) weeks and refer the issue back to the parties to reach an agreement.  Motion carried unanimously.                                                                   (12)

Mayor Hodges called a public hearing on the proposed special assessments for 6^th Street sidewalk improvements.

Upon receiving no public comment, it was moved by Kennedy, seconded by Henry, to close the public hearing.   Motion carried unanimously.

Moved by Hodges, seconded by Dunfield            , to place on first reading Ordinance No. 7182 establishing the special assessments for sidewalk improvements on 6^th Street from Wisconsin to California.  Motion carried unanimously.                                                   (13)  

Mayor Hodges informed the City Commission that AS&T decided to locate their facility in Salina.  He asked the City Commission if staff should solicit engineering design services for the installation of the sanitary sewer system for the Lawrence Memorial Airport since the decision by AS&T.

Rich Bryant, Chair, Airport Advisory Board, recommended the City proceed with the solicitation of design services for the sanitary sewer to get an actual cost on the building of that line.  The sanitary sewer was needed to encourage economic development at the airport.

Debbie Moore, Economic Development Director, Lawrence Chamber of Commerce, recommended proceeding with the solicitation of engineering design of the sanitary sewer system.  Solicitation of engineering design and building the sewer line should be a high priority in light of loosing a business at the airport.    

Rundle said this project was needed and the City should move forward with the solicitation of design services.

Moved by Dunfield, seconded by Henry, to authorizing the solicitation of engineering design services for the installation of a sanitary sewer system for the Lawrence Municipal Airport.  Motion carried unanimously.                                            (14)

Mike Wildgen, City Manager, presented the staff report concerning a loan agreement with KDHE for the Wastewater Treatment Plant Expansion Project.  The State was planning to seek bids for bonds that would include the loan for the treatment plant.  The State requested the City commit to this project as quickly as possible.  Wildgen requested the City Commission declare an emergency and adopt Ordinance No. 7184, authorizing the execution of loan agreement with KDHE on first and second reading. 

Moved by Hodges, seconded by Rundle, to declare an emergency and adopt  on first and second reading Ordinance No. 7184, authorizing the execution of a loan agreement with KDHE for the Wastewater Treatment Plant Expansion Project.   Aye:  Hodges, Dunfield, Henry, Kennedy and Rundle.  Nay:  None.  Student Commissioner Aye.  Motion carried                                                                                                           (15)

Mike Wildgen, City Manager, presented the staff report on the Downtown 2000 Project.  The report summarized the status of the project.  The timeline included:

January 7        -           Submit redevelopment plan to Planning office for review;

January 14      -           Deadline for submission of responses to the RFP for the

Feasibility Study.

February 23     -           Planning Commission considers redevelopment plan;

March 7           -           City Commission adopts a Resolution setting April 11,

2000 as a hearing date for the redevelopment plan;

            April 11            -           City Commission considers redevelopment plan which

requires four (4) affirmative votes adopting the plan; and,

            April 11            -           The sixty (60) day protest period begins to run.

            In addition to the proposed plan of actions, the City received a proposal to provide over site services for the proposed parking facility.  That agreement did not need to be signed at this point, but it was ready when needed.  There were also several storm water projects related to this project.  One was the collapse of approximately two-hundred forty feet (240’) of old storm sewer that needed to be addressed immediately.  In addition, the development on New Hampshire would increase impervious service by at least 10,000 sq. ft.    This would be a twenty percent (20%) increase in impervious service.  It was estimated the developer’s cost for storm drainage improvements would be approximately $85,000.00 and the Arts Center approximately $30,400.00.  Wildgen said the City Commission needed to take no formal action at this time.                         (16)

Michael Henry, Community Affairs Director, Student Senate, University of Kansas, presented a request from the University of Kansas Student Senate concerning student representation on City Boards and Commissions.  This would be an element of the Universities commitment to the National Service Learning Consortium.  Service Learning was the idea of connecting public and community service to a student curriculum and was a priority of the University.  Henry identified thirteen (13) boards on which students could gain valuable knowledge and experience along with making a contribution to the City.  By entering into this partnership, the City would be gaining in the process.  The students would commit to yearlong service on these boards or commissions.

Kennedy supported student involvement in the community and suggested the students seek ways to get involved in neighborhood associations.  Student could have an important impact on those organizations.  He asked the student senate to get more information on how other universities and cities handle this matter.

Hodges thought there was a way for the students at the university to participate in local government and the City Commission needed to find the right way.

Dunfield said the City was always looking for people to serve on boards and commissions.  That did not necessarily require a formal program for students seeking memberships on boards.  Dunfield wanted to encourage participation.

Rundle said there were ample ways to provide an educational experience to students at the university.  He thought the City Commission should take a thoughtful look at the various proposals.

The City Commission concurred to request the Student Senate get additional information on programs operated by other cities and universities and give the information to staff for an additional report..  Motion carried unanimously.                         (17)

Mayor Hodges presented a letter from David Shulenburger, Chair, Joint City-Universities Task Force on Alcohol Abuse Prevention, requesting the possibility of adopting a Keg Registration Ordinance for the City.

Kennedy suggested the Joint City-Universities Task Force be given the responsibility to review and recommend a proposed Ordinance.

Rundle suggested staff look at communities that had a longer record of implementation of this type of Ordinance.

Kirk Lambright presented information to the City Commission on this topic.  He requested the City include in deliberation of an Ordinance the people affected by the regulations.  He volunteered to serve on a committee to review the legislation.

Mike Wildgen, City Manager, said communities that have implemented this type of Ordinance could make a presentation at a Joint Task Force meeting.

The City Commission concurred to refer this matter to staff to implement a plan to review a Keg Registration Ordinance.                                                                          (18)

Kennedy requested staff prepare a report on the roundabout at Harvard and Monterey Way especially reviewing signage and lighting.  The City Commission concurred.

Moved by Hodges, seconded by Henry, to adjourn at 8:23 p.m.  Motion carried unanimously.                                                              

 

 

 

 

APPROVED:

_____________________________Ervin E. Hodges, Mayor

ATTEST:

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING JANUARY 11, 1999

1.                   Purchase Order – Nextel Communications, $27,600, communication equipment & service for Utilities Dept.

2.                   Purchase Order – Nalco Chemical Co., $68,340, polymer for Clinton Water Treatment Plant.

3.                   Purchase Order – Motorola Direct, $67,000, radios for Police Dept.

4.                   Contract – North Co., $26,877, for Transit System Graphic Design Svcs.

5.                   Agreement – Landplan Engineering, $70,300, for design of George Williams Way, N & S of W 15^th.

6.                   Resolution 6143 – City Banking Service Agreement, First Bank.

7.                   Ordinance No. 7181 – 2nd Reading, rezone (Z-6-22-98), 10 acres, from A to RS-1, St Margaret’s Church on W 6^th.

8.                   Tax Abatement – request from Reuter Organ.

9.                   Prelim Dev Plan – Parkway Plaza PCD, 22^nd & Kasold.

10.               Engineering Services – KS Dept of Wildlife & Parks Grant for Prairie Park/Mary’s Lake Trails Project.

11.               Ordinance No. 7150 -  2^nd Reading, establish Dept of Public Transit & Public Transit Advisory Committee

12.               Ordinance No. 7183, 1^st Reading, max assessment for street & sidewalk improvements,  Myers and Wiggins Addition.

13.               Ordinance No. 7182, 1^st Reading, max assessment for side walk improvements, 6^th from Wisconsin to California.

14.               Engineering & design services for sanitary sewer system, Lawrence Municipal Airport.

15.               Ordinance No. 7184, 1^st & 2^nd Reading, loan agreement with KDHE for Wastewater Treatment Plant Expansion Project.

16.               Downtown 2000 Report.

17.               Boards & Commissions – KU Student Senate representation.

18.               Keg Registration Law – Joint City-University Task Force on Alcohol  Abuse Prevention.