March 28, 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.   

Jim Davies, LEAP Committee, presented to James DeVore a check in the amount of $500.00 as part of the Lawrence Excellence Award Program for of his contributions to the City of Lawrence as a member of the Central Maintenance Garage. 

With Commission approval Mayor Hodges proclaimed March 27- 31, 2000 as “Tree City USA Week”; Friday, March 31, 2000 as “Arbor Day”; Saturday, April 1, 2000 as “Kappa Delta Prevent Child Abuse Day”; April 3 – 9, 2000 as “Public Health Week”; and, the month of April, 2000 as “The Douglas County Aids Project Awareness Month.”

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the City Commission meeting minutes of March 7, 2000 and March 14, 2000.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive the Traffic Safety Commission meeting minutes of March 6, 2000; the Recycling and Resource Conservation meeting minutes of February 16, 2000; the Sister Cities Advisory Board meeting minutes of February 16, 2000; the Historic Resources Commission meeting minutes of December 16, 1999; and, the Public Transit Advisory Committee meeting minutes of March 2, 2000.   Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve claims in the amount of $1,889,469.11 and payroll from March 12, 2000 to March 25, 2000 in the amount of $1,087,834.11.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the Drinking Establishment Licenses for The Jazzhaus, 926 ½ Massachusetts, (Contingent Upon State License); Chili’s Grill & Bar, 2319 Iowa; El Mezcal II, 804 Iowa; and, Papa Keno’s Pizzeria, 1035 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 Ben Graham and Sally Six-Hersh to the Lawrence Arts Commission; the reappointment of John Nalbandian to the Lawrence Public Library Board of Trustees; the appointment of Gayle Martin to the Internet Advisory Board; the appointment of Marilyn Roy to the HAND Advisory Board; and the reappointment of Gary Johnson to the City-County Health Board. Motion carried unanimously.

            The City Commission reviewed the bids for a large format color scanner for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to 123 Printing & Supplies in the amount of $14,823.00.  Motion carried unanimously.

The City Commission reviewed the bids for two (2) sand/salt spreaders for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Scherer Truck Equipment in the amount of $8,120.00.  Motion carried unanimously.

The City Commission reviewed the bids for East Hills Business Park sanitary sewer for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to McLouth Excavating in the amount of $95,830.00.  Motion carried unanimously.

The City Commission reviewed the bids for Langston Hughes sanitary sewer for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to McLouth Excavating in the amount of $38,021.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize a purchase order to Fluid Equipment Company for an in-line grinder for the Wastewater Treatment Plant.  Motion carried unanimously.         

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to accept EBH & Associates recommendation to reject all bids for the Pump Station Abandonment Project and set a new bid date for April 25, 2000.  Motion carried unanimously.

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 Black & Veatch for engineering services for the Wakarusa Pumps Station Rehabilitation Project.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt Resolution No. 6170, authorizing a survey and condemnation for Western Hills sanitary sewer easements.  Motion carried unanimously.                          (1)

Charter Ordinance No. 34, clarifying the authority of the Lawrence Memorial Hospital to possess property outside the corporate limits of the City 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.                                                                    (2)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Planning Commission’s recommendations, approve the Final Plat for Prososki Addition, a replat of Lot 1, Westridge No. 4, a two-lot commercial subdivision containing approximately 2.097 acres, located north of West 6^th Street, U.S. 40 Hwy, east of Kasold Drive, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Execution of a Temporary Utility Agreement;

2.                  Provision of a revised plat that includes a note to indicate that access to West  6^th Street was restricted;

3.                  Provision of the following information for recording:

a.                  Copy of paid property tax receipt for both lots;

b.                  Recording fees made payable to the Douglas County Register of Deeds;

c.                  Provision of a Master Street Tree Plan; and,

4.                  Verification of a perpetual easement be filed with the Register of Deeds Office, prior to the recording of the final plat with the Register of Deeds Office.

Motion carried unanimously.                                                                                 (3)

At the request of the applicant and as part of the consent agenda, it was moved by Kennedy, seconded by Henry to defer for one (1) week the Planning Commission’s recommendation on approval of the Final Plat for Woolsoncroft Subdivision.  Motion carried unanimously.                                                                                                           (4)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the request for the incorporation of the Lawrence Sesequencennential Commission as a not-for-profit organization.  Motion carried unanimously.                                                                                                                          (5)

Rundle informed the City Commission that he would not participate in the discussion and vote on the Lawrence Arts Commission Community Arts Grant recommendation because of a potential conflict of interest.

Moved by Dunfield, seconded by Kennedy, to approve the Lawrence Arts Commission Community Arts Grant recommendation.  Aye: Hodges, Dunfield, Henry and Kennedy.  Nay:  None.  Abstain: Rundle.  Motion carried.                                       (6)

Melinda Henderson presented a packet of information concerning questions on the tax abatement request for American Eagle.  She asked the City Commission to forward these questions to the Administrative Review Committee for their review and deliberation of the tax abatement.  Henderson expressed concern about what appeared to be an inconsistency in the number of full time employees, their annual payroll, the benefit package, the projected annual operating expenses, and the need for the tax abatement.

Jerry Hammond expressed a concern about the proposed tax abatement for American Eagle for what appeared to be low paying jobs.  He questioned the need of the tax abatement because of the other benefits they were receiving from the State.  Other local companies would like to have the same type of tax abatement.  Hammond was concerned about the number of truck parking spaces and the impact this truck traffic would have on K-10 and local streets.

Larry Kipp said it was extremely difficult to get a hand on numbers for the project.  There were inconsistencies with many of the numbers being presented to various groups.  The original proposal called for a need of ninety (90) acres and the proposed site plan only included thirty-eight (38) acres.  Kipp thought there were other forty (40) acres sites available within the community. American Eagle was a retailer and it was questionable whether they qualified under the Constitutional Amendment for the tax abatement.  The local policy included the impact the tax abatement would have on competition in Lawrence and if American Eagle opened a store in Lawrence, that would be competing with local retailers.  He quoted a statement from the Kansas City Business Journal that the company would develop in Lawrence in spite of any incentives they received.  Kipp said cost of living in Lawrence was growing significantly and good paying jobs were not keeping up with that growth and cost of living.

Lori Learned requested the City Commission review their tax abatement procedures and policies to see if they continued to meet the City’s goals.

Graham Kreicker, 1625 St. Andrews, expressed a concern about the number of trucks that would be generated by the proposed American Eagle facility.  The jobs proposed were not high-tech jobs because they were basically loading and unloading trucks.

Rundle expressed a concern about the article in the Kansas City Business Journal because it appeared the proposal was a done deal.               

Moved by Hodges, seconded by Henry, to receive the tax abatement request from AE Stores for a tax abatement and refer tax abatement request to the Administrative Review Committee.  Motion carried unanimously.                                    (7)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive the Annual System Development Charge Report.  Motion carried unanimously.                                                                                                                                  (8)

Mike Wildgen, City Manager, requested the City Commission consider an amendment to the Interlocal Agreement concerning the Langston Hughes Gymnasium.  The Attorney General’s Office, in reviewing the document, requested a minor amendment that would provide conflicts be resolved “as otherwise provided by law.”  This would give fuller legal options for resolving disputes as originally proposed.

Moved by Kennedy, seconded by Henry, to direct staff to amend the Interlocal Agreement concerning the Langston Hughes Gymnasium as requested.  Motion carried unanimously.                                                                                                                               (9)

Mike Wildgen, City Manager, said the land use approvals for the AE Stores facility at the County was deferred for two (2) weeks.  It would be back on their agenda at that time.  They were trying to resolve storm drainage problems.                                    (10)

Mayor Hodges presented Resolution No. 6171, concerning sales tax on Internet Commerce.   This resolution was generated by comments made during the National League of Cities meeting in Washington D.C.

Larry Kipp suggested the City take the initiative to study the elimination of the sales tax in Kansas.  Delaware was successful in being a retail center because of not have a sales tax.  He suggested initiating a report on the impact of eliminating sales tax and moving the revenue base to another source.

Moved by Kennedy, seconded by Rundle, to adopt Resolution No. 6171, concerning the issue of sales tax on Internet Commerce.  Motion carried unanimously.

     (11)  

Fred DeVictor, Director, Parks and Recreation, presented the plans for the South Park wading pool improvements and restroom.

Janet Smalter, Architect, presented a conceptual model of the proposed wading pool and restroom.

Hodges expressed a concern about the cost of the project and the impact the restroom would have on the park.

Dunfield said the original direction of the City Commission was to provide restrooms for South Park.  This proposed facility would fit in with the existing characteristics of the park.

Marci Francisco, 946 Ohio, said the Oread Neighborhood Association in their goal setting process had a priority to provide restrooms in South Park and elimination of the South Park Recreation Center.  This met a part of their goals and the Oread Neighborhood Association was willing to support the project using CDBG Funds if the City Commission could not complete the project with existing funds.

Moved by Rundle, seconded by Dunfield, to approve the design plan for South Park wading pool and authorize the bidding of the project.  Motion carried unanimously.  Aye:  Henry, Dunfield, Kennedy and Rundle.  Nay: Hodges.  Motion carried.             (12)

Michael Henry, University of Kansas student, presented information on participation in City Government.  He reviewed a report from Peer Universities on how students interact with local government.  Henry proposed the University of Iowa model which created an Advisory Board of students and Local Government Officials.  He suggested Mayor, Vice Mayor, a person from the City Manager’s Office, the Student Body President, the Student Body Vice President and the Community Affairs Director.  Henry requested the City Commission direct staff to work on a proposal to codify this concept.    

Moved by Hodges, seconded by Henry, to direct staff to work with the student representatives to develop a program based upon the University of Iowa model for student interaction with the City.  Motion carried unanimously.                                 (13)

Hodges requested an amendment to the Ordinance creating the Public Transit Advisory Committee to increase the membership from seven (7) to nine (9) members.  At the present time, the representatives from K.U. on Wheels and the SRS were Ad Hoc Members.  He requested these members become voting members. 

Moved by Kennedy, seconded by Henry, to amend the Ordinance creating the Public Transit Advisory Committee to increase the membership from seven (7) to nine (9) members.  Motion carried unanimously.                                                                    (14)

Marci Francisco, 946 Ohio, expressed a concern about the request for the City to sign an agreement to plat the site of the American Eagle Project.  The request for rezoning was for over ninety (90) plus acres while the site plan dealt with thirty-eight (38) acres.  She asked how the project would be platted.  Since a major concern was drainage, the preliminary plat would require a drainage plan to address that concern.  The agreement to plat was not codified in the Zoning Ordinance.  She requested the City Commission require American Eagle to follow the normal platting process.

Hodges asked when the proposed site plan would be before the City Commission. 

Linda Finger, Planning Director, said the earliest the site plan could be on the City Commission’s agenda was April 11, 2000.

Andrew Bailey, KU. Student Senate, presented a letter of support concerning the Landlord Tenant Registration Program.  The letter suggested three (3) amendments to the proposal.  They were:

1.                  Use the definition of rental unit found in Landlord Tenant Act of the State;

2.                  In act a registration fee of $12.02 per unit; and,

3.                  Violations incurred by the tenant, should be sent to the tenant; and, violations incurred by the Landlord should be sent to the Landlord.

Melissa Henderson requested the City Commission have the consultant reviewing the Zoning Ordinance look at the agreement to plat concept.  The existing Zoning Ordinance did not cover this issue.  The consultants should review and comment on this process.

Michael Almon, representing the Committee to Protect Prime Farmland from sprawl, said the Kansas River Bottoms were clearly Douglas County’s best farmland.  The committee was working to protect this area from expansion of the East Hills Business Park.  The community consensus defined in Horizon 2020 was neither the Urban Growth Area nor industrial zoning should encroach upon this area.  The Committee did not agree with DCDI’s efforts to override Horizon 2020, to destroy the best farmland in the County, to subsidize American Eagle with an eighty percent (80%) tax abatement and to fast track the entire review process.  Almon said concerns that need to be reviewed include defining  being loss prime farmland, prevention of 4,000 acres annually of Douglas County farmland, adoption of a policy preventing flood-plain development, implementation of the FEMA Project for Federal Funding to implement the policy, the delay in approval of the new FEMA maps,. DCDI obligations to solve existing drainage problems caused by the East Hills Business Park, the disregard of two (2) Interlocal Agreements protecting prime farmland, the impact on the Aquifers under this property, the spot designation of the Urban Growth Area and what appeared to be contract zoning, bad planning of locating an industry where road and sewer infrastructures were inadequate, inconsistent information concerning American Eagle and the site development, inconsistent data about employment and truck activity levels, unwarranted tax abatements for low paying jobs.  The availability of other Lawrence industrial sites of forty (40) acres or more, and the use of an agreement to plat to fast track this project.

Almon asked the City Commission to instruct staff to work with DCDI to investigate and do a complete cost comparison of other thirty (30) acre or larger sites in and around Lawrence, deny the agreement to plat and require the normal platting process, issue no building permit until platting was complete, initiate a review of the agreement to plat process, and initiate a review of the entire tax abatement policy and provisions.

Margaret Hopkins requested the City Commission review the City Code concerning the retro-fitting of sprinkler systems in buildings like Babcock Place which housed seniors and persons with disabilities.  The recent fire in Babcock Place demonstrated a need for this type of protection.

Debra Houswoah informed the City Commission of what was happening at Gas Light Village.  Recently, tenants had been relocated from the West side to their pick of lots on the east side.  She requested any assistant possible from the City Commission.  She questioned why commercial development should go into residential areas.  One of the difficulties tenants in the mobile home parks were dealing was no-cause evictions.  They were attempting to change that through legislation.

Melissa Henderson encouraged the City Commission to follow the recommendations of Horizon 2020 in reviewing the proposed development in the Gas Light Village area.

David Vertacnik, 1403 East 1850 Road, presented a list of concerns to the City Commission on the proposed American Eagle Project.  He wanted to know why DCDI was willing to sell all the land in the ninety-six (96) acre tract to American Eagle when the site plan called for thirty-eight (38) acres for the warehouse.  He asked what would keep American Eagle from selling off the undeveloped portion of land to another business venture.  Vertacnik questioned the use of retention ponds in the area and thought other sites in East Hills Business Park would minimize development costs.  The only source of water for the area were wells and Vertacnik questioned the impact additional industrial uses would have on the area.  He asked the City Commission to consider carefully the ramifications of industrializing the Kaw River Bottoms.

Larry Kipp raised the question whether the proposed tax abatement for American Eagle meets the legal requirements for tax abatements.

David Corliss, Legal Services Director, said it was his understanding the proposed development was for warehousing which met the constitutional amendment criteria.

Rundle encouraged DCDI to submit a preliminary plat and follow the normal platting process for the American Eagle site.

Dunfield asked if it was feasible for the City Commission to initiate the platting process.

Linda Finger, Planning Director, said the City Commission could initiate the process because American Eagle needed to submit the plat for review.                             

Moved by Kennedy, seconded by Henry, to adjourn at 8:50 p.m.  Motion carried unanimously.            

 

APPROVED:

 

_____________________________Ervin E. Hodges, Mayor

ATTEST:

___________________________________                                                                        

Raymond J. Hummert, City Clerk

COMMISSION MEETING MARCH 28, 2000

1.                  Resolution 6170 – Condemnation, Western Hills sanitary sewer easements.

2.                  Charter Ordinance No. 34 - 2^nd Reading, Lawrence Memorial Hospital to possess land outside corporate limits of the City.

3.                  Final Plat – Prososki Addition, 2.097 acres, located N of W 6^th, E of Kasold.

4.                  Final Plat – Woolsoncroft Subdivision, .354 acres, NE corner of N 7^th and Lake St.

5.                  Incorporation request – Lawrence Sesequencennential Commission, not-for-profit organization.

6.                  Lawrence Arts Commission Community Arts Grant.

7.                  Tax abatement – AE Store

8.                  Annual System Development Charge Report.

9.                  Interlocal Agreement – Langston Hughes Gymnasium

10.              Status of land use for AE Stores.

11.              Resolution No. 6171, sales tax on Internet  Commerce.

12.              Design plan for S Park wading pool.

13.              K.U. participation in City Boards & Commissions.

14.              Public Transit Advisory Committee to increase from 7 members to 9.