March 7, 2000

 

The Board of Commissioners of the City of Lawrence met in regular session at 6:45 p.m., in the City Commission Chambers in City Hall with Mayor Hodges presiding and members Dunfield, Henry, Kennedy and Rundle present. Student Commissioner Tripinski was present.      

With Commission approval Mayor Hodges proclaimed Friday, March 17, 2000, as “Thirteenth Annual Saint Patrick’s Day Parade”; and, the week of March 12 – 18, 2000, as “Primary Care Week.”

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to approve the City Commission meeting minutes of February 29, 2000.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to approve claims in the amount of $723,689.50.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to approve the Drinking Establishment License for Old Chicago, 2329 Iowa; the Retail Liquor Licenses for Cork & Barrel, 3514 Clinton Pkwy, Ste: B; and, Glass House Liquor, 2301 Wakarusa Dr., Ste: C.  Motion carried unanimously.

            The City Commission reviewed the bids for an electrical wiring project for the Cemetery Caretaker’s house for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to award the bid to Quality Electric in the amount of $11,945.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to award the sole bid from Seal Master’s in the amount of $14,995.00 for the Foundation Waterproofing Project for the Pelathe Community Resource Center.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to authorize the City Manager to enter into an engineering contract with EBH and Associates for the 2000 Waterline Project.  Motion carried unanimously.

 As part of the consent agenda, it was moved by Rundle, seconded by Henry, to authorize the City Manager to enter into negotiations with Maxwell Gable/Allstate Consultants for a design/build contract for the Carbon Storage and Feed System Improvement Project at the Kaw Water Treatment Plant.  Motion carried unanimously.               

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to set a bid date of March 21, 2000, 2:00 p.m., for the Langston Hughes Elementary School Sanitary Sewer Improvements.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to set a bid date of March 28, 2000, 2:00 p.m., for the 2000 Overlay Program.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to set a bid date of April 4, 2000, 2:00 p.m., for the 2000 Overlay and Curb Repair Program, Phase 1.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to set a bid date of April 11, 2000, 2:00 p.m., for the 2000 Overlay and Curb Repair Program, Phase 2.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to set a bid date of April 18, 2000, 2:00 p.m., for the 2000 Curb and Inlet Repair Program.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to adopt Resolution No. 6161, a Resolution of Intent, concerning the Reuter Organ Tax Abatement.  Motion carried unanimously.                                                                      (1)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to place on first reading Ordinance No. 7201, revising the parking restrictions on 22^nd Court by allowing parking along the west side of 22^nd Court within the cul-de-sac.  Motion carried unanimously.                                                                                                              (2)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to place on first reading Ordinance No. 7202, correcting the tax abatement ordinance for CAE Vanguard.  Motion carried unanimously.                                                          (3)

Mayor Hodges informed the City Commission of a request from Douglas County to defer Ordinance No. 7200, for sixty (60) days in order for the County Commission to discuss alternatives to septage and chemical waste discharge in the County.  The City Commission concurred to delay implementation of Ordinance No. 7200 until June 1^st, 2000.

Moved by Hodges, seconded by Rundle, to place on first reading Ordinance No. 7200, establishing septage and chemical waste discharge fees with an implementation date of June 1, 2000.  Motion carried unanimously.                               (4)

Ordinance No. 7197, establishing the City Commission’s quorum at four (4) members was read a second time.

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                 (5)

Ordinance No. 7198, authorizing condemnation of a tract of right-of-way at 2427 West 31^st Street was read a second time.

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                 (6)

Rundle said in constructing the sanitary sewer project for Western Hills it was important to protect the environment as much as possible.  He encouraged staff to continue the effort in working with property owners to maintain the creek and open areas in the construction of the project.

Ordinance No. 7199, authorizing condemnation of utility easement for Western Hills Sanitary Sewer Project  was read a second time.

Moved by Rundle, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                           (1)

Moved by Rundle, seconded by Kennedy, to adopt the Ordinance No. 7199, authorizing condemnation of utility easement for Western Hills Sanitary Sewer Project at 4121 West 13^th Street.                                                                                            (7)

Rundle expressed a concern about allowing parking in the yard at St. Lawrence Center and was hesitant to support the Temporary Use Permit Upon Review to allow parking on Ash Wednesday, March 8, 2000.  He encouraged the use be limited in the future.

Mike  Dunn, Director of Administration, St. Lawrence Center, said the parking in yard would be a last resort.  Other paved areas would be used first.

Moved by Kennedy, seconded by Henry, to approve the Temporary Use Permitted Upon Review (TUPR) to allow parking in the yard at St. Lawrence Center, 1453 Engel Rd., subject to the following conditions:

1.                  Occupant load at the Center must not be exceeded; and,

2.                  Existing gravel must be removed to reduce the driveway width to a maximum of 34’ in accordance with the City’s Residential Driveway Requirements.

Motion carried unanimously.                                                                                              (8)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to approve the site plan (SP3-12-2000) for a cross access drive to be located on Lot 1, Block 1, Colonial Northwest, southeast corner of Congressional Drive and West 6^th Street., subject to the following conditions:.

1.                  Provision of a Revised Site Plan that shows the platted cross access arrangement;

2.                  Provision of a note on the face of the Site Plan indicating the purpose of the development;

3.                  Execution of an Agreement Not-to-Protest the construction of sidewalk improvements along West 6^th Street or Congressional Drive;

4.                  Execution of a Site Plan Performance Agreement; and,  

5.                  Provision of a note on the site plan and provision of an acknowledgment, approved by the Director of Planning and filed at the Register of Deeds that:

a.                  The access point of 130’ from West 6^th Street is temporary;

b.                  Permissible as an interim measure; and,

c.                  Shall be removed and relocated along Congressional Drive in compliance with the adopted Access Management Plan for West 6^th Street during the construction of the scheduled improvements to West 6^th Street/U.S. Highway 40.      

Motion carried unanimously.                                                                                             (9)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to concur with the Planning Commission’s recommendations, approve the Final Plat of Colonial Northwest No. 3, a replat of Lot 1, Block 1, Colonial Northwest and Lot 1, Colonial Northeast No. 2, located on the southeast corner of Congressional Drive and west of 6^th Street, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Execution of an agreement not-to-protest the formation of a benefit district for improvements to West 6^th Street;

2.                  Addition of a note on the plat which:

a.                  Indicates that curb cuts on Lot 1 would be restricted to the curb cuts approved on the Final Development Plan for Colonial Northeast PCD;

b.                  Addition of a note on the plat which limits access to Lot 2 to Congressional Drive only;

c.                  Provision of a note on the plat and provision of an acknowledgment, approved by the Director of Planning an filed at the Register of Deeds that: 1) the access point of 130’ from West 6^th Street was temporary; 2) was permissible as an interim measure; and, 3) shall be removed and relocated in along Congressional Drive in compliance with the adopted Access Management Plan for West 6^th Street during the construction of the scheduled improvements to West 6^th Street/U.S. Hwy. 40;

3.                  Special Assessments must be respread by applicant’s engineer, per the approval of the City Engineer (as a result of the change in legal descriptions)

4.                  Show the location of approved driveway on Lot 2 as cross access;

5.                  Provision of a revised plat that shows the exclusive SW Bell easement along West 6^th Street, Book 407, Page 421-424, 510’ of North 75’; and,

6.                  Provision of a 15’ easement along West 6^th Street for public water line.  Easement must match existing easement.     

Motion carried unanimously.                                                                                            (10)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to authorize the Mayor to sign a Release of Mortgage for P. Lee McCracken, 1305 New York.   Motion carried unanimously.                                                                               (11)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to authorize the payment of $5,000.00 for a quit claim deed and utility easement for the 17^th and Irving Drive Affordable Housing Project.  Motion carried unanimously.            (12)

Mike Wildgen, City Manager, informed the City Commission that MV Transportation, Inc., the proposed operator for the Lawrence Transportation System, recommended it was in the best interest of the City to re-procure the management contract.  If the City accepted the recommendation, MV Transportation would negotiate a termination of the agreement including the provision for reimbursement of post award cost incurred to date without any profit. 

The City Commission concurred with the re-procurement of the management contract and directed staff to proceed with a new procurement process.                          (13)  

Mayor Hodges called a public hearing to consider adopting a Resolution ordering the repair or removal of the unsafe and dangerous structure at 1523 Lindenwood Lane.           

Julie Wyatt, Environmental Inspector, presented the staff report on the unsafe structure at 1523 Lindenwood Lane.  The property was posted as uninhabitable on January 14, 2000 and a notice was issued to repair the structure to meet the minimum housing code.  The property owner obtained a building permit and the roof has been recovered with the exterior siding painted.  No interior inspections have been requested to date with the exception of an inspection for a temporary electric service.  On January 18, 2000, the City Commission set the public hearing to review the property.  Wyatt recommended giving the property owner ninety (90) days for completion of the necessary repairs.      

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

Moved by Hodges, seconded by Rundle, to adopt Resolution No. 6166, ordering the repair the repair or removal of the structure at 1523 Lindenwood Lane within ninety days (90) days.  Motion carried unanimously.                                                         (14)     

Mayor Hodges called a public hearing to consider the findings of fact, and  application for an Ambulance Service License from the Lawrence-Douglas County Fire and Medical Department.

Ted McFarlane, Deputy Chief, Fire/Medical Department, presented the application for an Ambulance Service License from the Lawrence-Douglas County Fire and Medical Department.  In late 1999, the City and County enacted an Ordinance establishing an ambulance service licensing requirement.  Both the City and County Commissions were required to find that public convenience would be promoted in issuing a license under the terms and provisions of the Ordinance.  The application and license was forwarded to Kay Kent, Lawrence Douglas County Health Department, for review and recommendation.  In a letter to the City and County Commission dated February 9, 2000.  Kent stated the application was in compliance with the City and County rules and regulations.

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

Moved by Kennedy, seconded by Henry, to grant a five (5) year license to the Lawrence-Douglas County Fire & Medical Department to operate an ambulance service within Douglas County and the City of Lawrence effective March 15, 2000, based upon the following findings of fact:

1.                  There was no ambulance service licensed to operate within Douglas County and the City of Lawrence and therefore granting this license to the applicant would  not duplicate existing ambulance services;

2.                  Since there was no existing ambulance service licenses to operate within Douglas County and the City of Lawrence and since it was vital to the protection of public health and safety that ambulance services be provided to the community, the granting of the license to the applicant would fill a public need currently not adequately served; and,

3.                  Since there was no existing ambulance service licensed to operate within Douglas County and the City of Lawrence, the granting of a license to the applicant would not financially harm existing ambulance services or demand that additional public financial assistance be provided to an existing ambulance service to continue operations which are viable, efficient and effective.  

Motion carried unanimously.                                                                                (15)

George Williams, Public Works Director, presented the proposed benefit districts for improvements on 7^th Street, from Monterey Way to Comet Lane and on Comet Lane, south of West 6^th Street.  He presented maps of the districts with Resolutions showing the percentage of cost per parcel for each project.  The assessment was based on a square footage basis.

Ernest Haley, Comet Corporation, said the apartment complex to the west had sixty (60) units and the occupants use the road extensively.  He suggested it would be better to have the assessment commensurate to the usage benefits. 

William said use was not a method of assessment.  The closest thing that would come to use would be an appraised method of assessment.

Moved by Kennedy, seconded by Henry, to adopt Resolution No. 6165, finding it advisable for improvement on 7^th Street, from Monterey Way to Comet Lane.  Motion carried unanimously.                                                                                                        (16)

Moved by Kennedy, seconded by Dunfield, to adopt Resolution No. 6162, ordering the improvements on 7^th Street, from Monterey Way to Comet Lane.  Motion carried unanimously.                                                                                                                 (17)

 Moved by Kennedy, seconded by Henry, to adopt Resolution No. 6163, finding it advisable for improvement on Comet Lane, south of West 6^th Street.  Motion carried unanimously.                                                                                                                 (18)

Moved by Hodges, seconded by Kennedy, to adopt Resolution No. 6164, ordering the improvements on Comet Lane, south of West 6^th Street.  Motion carried unanimously.                                                                                                                       (19)

Jeffrey Marley, Hy-Vee Stores, presented an update on the opening of their new store on 6^th Street and Monterey Way.  Marley anticipated a late June opening for the store.  The improvements on Monterey Way would be in place prior to the store opening. Hy-Vee continued to work with staff on the 6^th Street improvements.  Marley hoped to have safe access on 6^th Street to the store at the time of opening.                                   (20)

Moved by Kennedy, seconded by Henry, to adjourn at 8:30 p.m.  Motion carried unanimously.            

 

APPROVED:

 

_____________________________Ervin E. Hodges, Mayor

ATTEST:

___________________________________                                                                        

Raymond J. Hummert, City Clerk

COMMISSION MEETING MARCH 7, 2000

1.                  Resolution 6161 – Resolution of Intent, Reuter Organ Tax Abatement.

2.                  Ordinance No. 7201 – Revise parking restrictions, 22^nd Ct. by allowing parking along W side of 22^nd Ct within cul-de-sac.

3.                  Ordinance No. 7202 – Correct ordinance for CAE Vanguard Tax Abatement.

4.                  Ordinance No. 7200 – Establish fees, septage & chemical waste discharge.   

5.                  Ordinance No. 7197 – 2^nd Reading, City Commission Quorum at 4.

6.                  Ordinance No. 7198 – 2^nd Reading, condemnation, tract of R-O-W, 2427 W 31^st .

7.                  Ordinance No. 7199 – 2^nd Reading, condemnation, utility easement for Western Hills Sanitary Sewer Project, 4131 W 13^th.

8.                  TUPR-03-04-00 – Allow parking in yard at St. Lawrence Ctr, 1453 Engle Rd.

9.                  Site Plan – SP3-12-2000, cross access drive, located on Lt 1, Blk 1, Colonial NW, SE corner of Congressional Dr. & W 6^th.

10.              Final Plat – Colonial NW No. 3, replat of Lt 1, Blk 1, Colonial NW & Lt 1, Colonial NE No.2, SE corner of Congressional Dr & W 6^th.

11.              Release of Mortgage – Lee McCracken, 1305 New York

12.              Quit Claim Deed - $5,000 for utility easement for 17^th & Irving Dr. Affordable Housing Project.

13.              Bus System, MV Transportation, re-procure mgmt contract.

14.              Public Hearing – ordering repair or removal of unsafe structure at 1523 Lindenwood Ln.

15.              License Approval – Lawrence/Douglas County Fire/Medical for 5 yrs.

16.              Resolution No. 6165 – advisable for improvements on 7^th, from Monterey Way to Comet Ln.

17.              Resolution No. 6162 - ordering improvements on 7^th, from Monterey Way to Comet Ln.

18.              Resolution No. 6163 – advisable for improvements on Comet Ln, S of W 6^th .

19.              Resolution No. 6164 - ordering improvements on Comet Ln, S of W 6th.