January 25, 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 Smalberg 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 25, 2000.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to review the Lawrence Recycling and Resources Conservation Advisory Board meeting minutes of December 8, 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 $1,043,384.03.  Motion carried unanimously.  

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the Drinking Establishment License for Shenago Lounge, 2907 West 6th; Fatso’s, 1016 Massachusetts.  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 Debbie Liddel to the position of Recycling and Resources Conservation Advisory Board.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve a change order to the contract with BRB Construction for additional work on the Southeast Lawrence Waterline Improvement Project in the amount of $31,371.20.  Motion carried unanimously.                                                                          (1)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve a purchase order to Fairbanks Morse Pump Corporation for repair of No. 3 intake pump at the Kaw Water Treatment Plant in the amount of $25,037.05.  Motion carried unanimously.                                                                                                      (2)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the City Manager to enter into a contact with A&L Underground for construction of Phase II of the 1999 Waterline Improvement Project in the amount of $498,175.95.  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 Supplemental Service Agreement with Black & Veatch for additional resident engineering services for the Four Seasons Force Main/Holding Basin/Pump Station Project in the amount of $25,000.00.  Motion carried unanimously.                                                                                                          (4)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the release from a contract with Harris Construction Company which was the construction of the Lawrence Medical Plaza Storm Sewer Improvements and award the contract to Emerson Construction Inc., in the amount of $341,813.18.  Motion carried unanimously.                                                                                                                  (5)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt Resolution No. 6150, requesting the determination of the Douglas County Commission for the proposed annexation of 87.7 acres, located east of the current East Hills Business Park would not hinder or prevent the proper growth and development of the area or that of any other incorporated City located in Douglas County, all pursuant to K.S.A. 12-520c.  Motion carried unanimously.                             (6)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to place on first reading Ordinance No. 7190, establishing “no parking” along the north side of 7th Street, west of Wisconsin Street, and along both sides of Speicher Road from 27th Street northwesterly 200 feet.  Motion carried unanimously.                              (7) 

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to place on first reading Ordinance No. 7191/ County Resolution amending the effective date of the licensing requirements for City/County ambulance to March 15, 2000.  Motion carried unanimously.                                                                                        (8)

Ordinance No. 7185rezoning (Z-7-24-99) approximately 2.269 acres from PCD-2 (Planned Commercial Development) to PCD-2 (Planned Commercial Development) with conditions, property located between West 6th and West 7th Street, west of Comet Lane 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 unanimously.                                                                     (9)

Ordinance No. 7186rezoning (Z-9-30-99) approximately 1.186 acres from RS-1 (Single-Family Residence District) to RO-2 (Residence-Office District), property located on the north side of Clinton Parkway, east of Kasold Dr., immediately east of DCCCA 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 unanimously.                                                                   (10)

Ordinance No. 7187 text amendment (TA-6-3-99) to Chapter 20, Article 10, Section 20-1008.6 of the “Code of the City of Lawrence,” regarding the ratio of residential and office uses in the POD-2 (Planned Office District) zoning category 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 unanimously.                                                                   (11)

 Ordinance No. 7188 text amendment (TA-6-5-99) to Chapter 20, Article 10, 16 and 18, adding new sections to the “Code of the City of Lawrence,” to establish policies related to deferred public hearing applications.

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 unanimously.                                                                   (12)

Ordinance No. 7189 text amendment (TA-6-6-99) to Chapter 20, Article 16, Section 20-1610 adding a new Section 20-161 of the “Code of the City of Lawrence,” establishing a time limit on Use Permitted Upon Review (UPR) approvals.

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 unanimously.                                                                   (13)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive the petition for a special assessment benefit district from Hy-Vee for improvements to West 6th Street and Monterey Way with the City having no financial participation.  Motion carried unanimously.                                                                   (14) 

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt Resolution No. 6151, establishing a benefit district for improvements to  West 6th Street and Monterey Way for approximately $850,000.00 and with the City having no financial participation.  Motion carried unanimously.                                 (15)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the City Manager to execute and agreement with Landplan Engineering for design services for the improvements to West 6th Street and Monterey Way in the amount of $56,550.00.  Motion carried unanimously.                                         (16)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the City Manager to execute an agreement with Peridian Group for Inverness Addition benefit district.  Motion carried unanimously.                                          (17)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive the request form the Director of Economic Development to consider extension of the sanitary sewer and water service at East Hills Business Park and direct staff to draft a report.  Motion carried unanimously.                                                            (18)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive the Administrative Review Committee meeting minutes of January 19, 2000 and set a public hearing date of February 8, 2000, for a fifty percent (50%) tax abatement for Reuter Organ Company.  Motion carried unanimously.                       (19)

Mike Wildgen, City Manager, presented the staff report concerning the contract for the purchase of buses for the Public Transit System.  After the protest by Chance Coach Inc., a hearing was conducted to review their concerns.  After reviewing their concerns, staff denied the protest.  Wildgen requested the City Commission acknowledge his actions and award the bus purchase to Blue Bird as recommended by the Lawrence Public Transit Advisory Committee.

Moved by Hodges, seconded by Henry, to acknowledge the actions of the City Manager concerning the protest by Chance Coach Inc., and award the bus purchase to Blue Bird as recommended by Lawrence Public Transit Advisory Committee.  Motion carried unanimously.                                                                                            (20)

Mike Wildgen, City Manager, presented the staff report on the selection of a firm to perform a Feasibility Study for Downtown 2000 project.  Staff recommended using the firm of Springsted Public Financial Advisors to conduct the study.  They have extensive experience in reviewing Tax Increment Financing Project nationally and in Kansas.  The firm reviewed projects in Manhattan, Merriam, Wichita, Lenexa and Wyandott-KCK.  While the contract would be between the City and Springsted, the 9-10 L.C. Development Group would pay the Feasibility Study cost.

Moved by Kennedy, seconded by Henry, to approve Springsted Pubic Financial Advisors, to perform the Feasibility Study for the Downtown 2000 Project and authorized the City Manager to execute the agreement.  Motion carried unanimously.

     (21)

Mike Wildgen, City Manager, informed the City Commission the grant to the Federal Transit Administration for operation of the bus system was approved.  The grant totaled $4,962,400.00 from the Federal Government and $270,000.00 from the State of Kansas.  The local share was $1,307,480.00.                                                      (22)

Craig Cochran, Jehovah Witness Congregation, requested the City Commission approve the City participation in the Myers Court Addition in the amount of $11,060.00.  The parties in the benefit district agreed to have that figure reduce the church’s assessment.  This would increase the church’s assessment by about $9,000.00 from the original agreement between the parties.

Hodges asked staff if there was any benefit to the City-at-large from this benefit district.

George Williams, Public Works Director, said he could not see any City-at-large benefit from the project.

Kennedy supported City participation in the project because staff did not communicate appropriately with the church.

Moved by Kennedy, seconded by Dunfield, to place on first reading Ordinance No. 7183, establishing special assessments for the improvement of Myers Court with the City paying $11,060.00 and the assessment to the Jehovah Witness Congregation being reduced by that amount.  Aye:  Dunfield, Henry, Kennedy and Rundle.  Nay:  Hodges.  Student Commissioner: Aye.  Motion carried                                                                 (23)

Jon Showalter, 2509 Alister Drive, representing the Neighborhood Association, supported the Traffic Safety Commission’s recommendation to establish ”no parking” on the side of the street opposite of the sidewalks, along Brentwood Drive, Crestline Drive, and Stowe Drive, all north of Peterson Road.

Moved by Dunfield, seconded by Kennedy, to concur with the Traffic Safety Commission’s recommendation to establish “no parking” on the  side of the street opposite of the sidewalks, along Brentwood Drive, Crestline Drive, and Stowe Drive, all north of Peterson Road and direct staff to prepare the appropriate Ordinance.  Motion carried unanimously.                                                                                                                 (24)

Mayor Hodges called a public hearing on the proposed benefit district to improve Crossgate Drive from Clinton Parkway to 24th Street.

George Williams, Public Works Director, presented maps of the proposed benefit district.  There were two (2) property owners in the benefit district.  They were Dial Realty and Lorimar Apartments which had an agreement not-to-protest the formation of this benefit district. 

Mark Anderson, representing Dial Realty, supported the benefit district.

Moved by Hodges, seconded by Kennedy, to approve the proposed benefit district to improve Crossgate Drive from Clinton Parkway to 24th street and direct staff to prepare the appropriate Resolutions.  Motion carried unanimously.                          (25)

Moved by Kennedy, seconded by Henry, to adjourn at 7:10 p.m.  Motion carried unanimously.                                                            

APPROVED:

_____________________________Ervin E. Hodges, Mayor

ATTEST:

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING JANUARY 25, 2000

1.                  Contract – change order, BRB Construction, SE Lawrence Waterline Improvement for $31,371.20.

2.                  Purchase Order – repair No. 3 intake pump at Kaw Plant, Fairbanks Morse Pump Corp for $25,037.05.

3.                  Contract -  Phase II of 1999 Waterline Improvement Project, A&L Underground for $498,175.95.

4.                  Supplemental Service Agreement – resident engineering services for 4 Seasons, Black & Veatch for $25,000.

5.                  Contract Release – Harris Construction for Medical Plaza Storm Sewer Improvements & award to Emerson Construction for $341,813.18.

6.                  Resolution No. 6150 – annex 87.7 acres, E of E Hills Business Park.

7.                  Ordinance No. 7129 – “no parking” N side of 7th, W of Wisconsin, along both sides of Speicher Rd from 27th N W 200’.

8.                  Ordinance No. 7191 – City County ambulance licensing requirements.

9.                  Ordinance No. 7185 – 2nd Reading, rezone (Z-7-24-99) 2.269 acres, from PCD-2 to PCD-2 with conditions, W 6th & W 7th, W of Comet Ln.

10.              Ordinance No. 7186  - 2nd Reading, rezone (Z-9-30-99) 1.186 acres, from RS-1 to RO-2, N side of Clinton Pkwy, E of Kasold, immediately E of DCCCA.

11.              Ordinance No. 7187 – 2nd Reading, text amendment (TA-6-3-99) 20-1008.6, ratio of residential & office uses in POD-2.    

12.              Ordinance No. 7188 – 2nd Reading, text amendment (TA-6-5-99) 20-10/16/18, policies related to deferred public hearing applications.

13.              Ordinance No. 7189 – 2nd Reading, text amendment (TA-6-6-99) 20-1610, time limit on UPR approvals.

14.              Petition – Benefit District from Hy-Vee for improvements to W 6th & Monterey Way.

15.              Resolution No. 6151 – establishing benefit district for improvements to W 6th & Monterey.

16.              Agreement – design services for W 6th & Monterey Way, LandPlan for $56,550.

17.              Agreement – Inverness Addition benefit district, Peridian Group.

18.              Request – Director of Economic Development for sanitary sewer & water service at E Hills Business Park.

19.              Tax Abatement – Reuter Organ Co.

20.              Transportation – purchase buses for Public Transit System.

21.              Feasibility Study – Downtown 2000 project.

22.              Grant - FTA, for bus system approval.

23.              Ordinance 7183, 1st Reading, special assessments for Myers Ct.

24.              TSC – “no parking” opposite side of street & sidewalks, along Brentwood, Crestline & Stowe, all N of Peterson.

25.              Benefit District – Crossgate from Clinton Pkwy to 24th.