May 23, 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 Henry presiding and members Dunfield, Hodges, Kennedy and Rundle present.   

Rundle requested the City Commission table for one (1) week, the City Commission meeting minutes of May 16, 2000, for additional time to review and comment. 

Mayor Henry presented a request from Mark Anderson, Attorney, representing American Eagle, amending the conditions on the tax abatement for American Eagle to say “American Eagle would route all K-10 truck traffic and employee traffic to 1057 Road and the overpass.”  The condition in the minutes states all truck traffic and employee traffic.

Moved by Rundle, seconded by Kennedy, to table approval of the City Commission meeting minutes of May 16, 2000 for one (1) week.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to receive the Board of Electrical Examiners and Appeals meeting minutes of May 3, 2000; and, the Lawrence Recycling and Resource Conservation Board meeting minutes of April 12, 2000.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve claims in the amount of $778,268.48    and payroll from May 7, 2000 to May 2000, in the amount of $1,072,257.28.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the sole bid for the Ballard Center Community Center Parking Lot Overlay to LRM Industries, in the amount of  $10,065.00.  Motion carried unanimously.

The City Commission reviewed the bids for storm water improvements on 6^th Street along High Pointe Apartments for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to Bazin Excavating Inc., in the amount of $36,197.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the change order for the 2000 Overlay Program, for a portion of Wakarusa Drive in the amount of $75,000.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to set a public hearing date to establish maximum special assessments on June 12, 2000, for Western Hills Sanitary Sewer Improvements.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the City Manager to enter into a Supplemental Service Agreement with Black and Veatch for construction phase services for the Wakarusa Pump Station Rehab Project, in the amount of $16,000.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to place on first reading Ordinance No. 7221, authorizing the installation of “no parking anytime” signs along both side of 15^th Street from Barker Avenue to the East City limits, and along both sides of 19^th Street, from Massachusetts to the East City limits.  Motion carried unanimously.                                                                                  (1)  

Ordinance No. 7220, allowing possession and consumption of alcohol liquor in the terminal area of the Lawrence Municipal Airport on July 19, 2000, between the hours of 5:00 p.m. and 8:30 p.m., for the Lawrence Chamber of Commerce Business Mixer was read a second time

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, 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 Rundle, seconded by Kennedy, to adopt Resolution No. 6192, rescinding the benefit district for improvements to West 6^th Street and Monterey Way for the Hy-Vee facility.  Motion carried unanimously.                                                                                                                     (3)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the site plan (SP-03-19-00) for Springhill Suites by Marriott, to be locate at 1 Riverfront Plaza, subject to the following conditions:

1.                  Execution of  Site Plan Performance Agreement;

2.                  Revision of the Site Plan to include:

a.                  A note stating the current zoning is C-3;

b.                  A note stating the legal description is attached;

c.                  A note stating the C-3 Zoning District does not require parking;

d.                  A note stating this Site Plan is an amendment to  SP-7-90-1988 and SP-11-95-1988;

e.                  A note stating this Site Plan was associated with an agreement between the City of Lawrence and the property owner requiring lease payments related to the dedicated parking spaces;

f.                    A note stating the property owner of the hotel structure should provide adequate enforcement of the “no parking” area in the driveway aisle.  If the parking in the aisle becomes a problem, the City of Lawrence may take corrective action or may require the owner of the hotel/office/retail structure to take corrective action as determined by the City of Lawrence;

g.                  Notation of “no parking” in front of the stair entrance on the lower level;

h.                  Dimensioning of parking stalls on the face of the Site Plan;

i.                     Correct notation of ADA spaces on the Site Plan to show aisle way and parking spaces;

3.                  Execution of an agreement between the City of Lawrence and the applicant regarding the lease and dedication of parking spaces related to the Hotel use portion of the project;

4.                  Review and approval of construction documents related to the walkway and parking garage alterations by the Director of Public Works and Walker Parking Consultants.  The documents must include detailed drawings of the walkway and proposed stair, structural review requirements, staging area locations, phasing plan, and traffic plan for use of the garage during construction;

5.                  Letter of approval from Burlington Northern Santa Fe Railroad indicating they have reviewed and approved the detailed plans and the project may proceed; and,

6.                  Completion of the conditions of approval of Historic Resources Commission review of March 16, 2000.  

Motion carried unanimously.                                                                                              (4)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the site plan (SP-03-22-00) for Reuter Organ Co., to be located on Lot 4, Timberedge Industrial Park, subject to the following conditions:

1.                  A Site Plan Performance Agreement be executed; (Per Section 20-1433);

2.                  Revise the face of the Site Plan to include the following information:

a.                  Provide curb and gutter to City standards on the south line of the parking lot;

b.                  Parking lot landscaping provided.  Must be at least 2,436 sq. ft.;

3.                  Provision of a ten foot (10’) utility easement along Timberedge Road filed separately with the Douglas County Register of Deeds, with book and page number on plan;

4.                  Provide one (1) of the following:

a.                  A drive on the property that will provide access for fire/medical vehicles within 150’ of all outside building walls; or,

b.                  Provide a public easement on the adjacent property for the existing driveway that will provide access for fire/medical vehicles within 150’ of all outside building walls to be filed separately with the County Register of Deeds and referenced by book and page on the Site Plan. 

Motion carried unanimously.                                                                                              (5)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to refer the review of an annexation to the Planning Commission for recommendation of approximately 14.4 acres located on West 2^nd Street, north of Kaw Water Treatment Plant.  Motion carried unanimously.                                                     (6)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to refer the review of an annexation to the Planning Commission for recommendation of approximately 18.186 acres north of the South Lawrence Trafficway right-of-way, south of Bluestem Drive.  Motion carried unanimously.                             (7)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to refer the review of an annexation to the Planning Commission for recommendation of Lot A, Block 1 of Bauer Farms plat located north of Trail, west of Folks Road.  Motion carried unanimously.                                                                        (8)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to refer the annexation request to the Planning Commission for recommendation of approximately 131.966 acres generally located northwest of Free State High School.  Motion carried unanimously.                                                                (9)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to refer the annexation request to the Planning Commission for recommendation of approximately 10 acres generally located north of St. Margaret’s Episcopal Church on West 6^th Street.  Motion carried unanimously.                          (10)

 As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to refer the annexation request to the Planning Commission for recommendation of approximately 20 acres generally located north and west of St. Margaret’s Episcopal Church on West 6^th Street.  Motion carried unanimously.                 (11)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to refer the annexation request to the Planning Commission for recommendation of approximately 4.763 acres generally located south of West 6^th Street, north of the current terminus of Harvard Road.  Motion carried unanimously.  (12)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to refer the annexation request to the Planning Commission for recommendation of approximately 19.115 acres generally located west of Kasold on the curve and south of Winterbrook.  Motion carried unanimously.                                    (13)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve an agreement for design of Parkside Drive Benefit District Improvements with Landplan Engineering for $27,000.00.  Motion carried unanimously.

     (14)

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve a second (2^nd ) Subordination Agreement for Antonio Shepherd, 1704 Tennessee.  Motion carried unanimously.                                                      (15)

Dunfield informed the City Commission he was going to abstain from the discussion and vote on the Arts Center financing because of a potential conflict of interest.

Marilyn Dobski, Board of Directors, Lawrence Arts Center, read a letter from the Lawrence Arts Center concerning the financing of the 900 Block of New Hampshire Facility.  The Lawrence Arts Commission was committed to raising the $3,000,000.00 necessary for completion of the project.  Because many of the resources raised, were in form of pledges over three (3) years, the Arts Commission would not have adequate cash on hand to fill the commitment immediately.  Dobski said it was in everyone’s best interest to make sure the building proceeded as quickly as possible without further delay and excessive cost.  The Arts Commission requested the City Commission to secure adequate funding to allow the bids and the project to proceed.

Mike Wildgen, City Manager, said the only way the                                                                                                City could proceed with the project was to have cash or bonding authority for the project.  Temporary Notes could be issued for the City’s obligation and those not met at the current time by the Arts Commission.  If the City borrowed money on behalf of the Arts Commission for this project, he recommended the Arts Commission include that as their portion of the project. 

Moved by Rundle, seconded by Kennedy, to direct staff to proceed with the financing of the Lawrence Arts Center located in the 900 Block of New Hampshire with Temporary Notes for the City’s portion of the project and the portion of the project not yet funded by the Lawrence Arts Commission.  Aye:  Henry, Hodges, Kennedy and Rundle, Nay:  None.  Abstain: Dunfield.  Motion carried.                                                                 (16)

Stan Krysztof, Baldwin City, Mayor and Larry Paine, Baldwin City Administrator, presented a request to relocate the connection point for its water-metering pit from its current location to a proposed O’Connell Road route.  Paine said as a result of this request, City of Lawrence staff requested drafting a new Water Treatment Agreement between the Cities of Lawrence and Baldwin.  The City of Baldwin had concerns about the proposed agreements given to them because of capping the number of meters, growth issues and limiting the amount of water sold to Baldwin.  If the City Commission did not approve the relocation, the Rural Water District No. 4 and the City of Baldwin would use an alternative route along 1055 Road.

David McFarland, Rural Water District No. 4, said the District attempted to negotiate with the City for five (5) years on a new contract and could not reach an agreement.  They had major concerns with the capping of water meters.  The District was currently meeting with other water users in that area to determine another source for water with the City of Lawrence as a secondary supply.

Mike Wildgen, City Manager, said the City of Lawrence never attempted to limit the growth within the City of Baldwin.  The Baldwin agreement was approximately twenty-five (25) years old and staff thought there was a need for updating the language in the agreement.  Staff’s goal was to get a good clean modern contract.

Rundle asked what were specific problems within the proposed modifications.

Paine said there were four (4) sections in the examples given to them which restricted their ability to resell water and limited growth in the Rural Water District areas.  The City of Baldwin only wanted to relocate its connection point within the existing agreement.

McFarland said their major hurdle was the limit of water meters.  They currently had over two hundred (200) people on a waiting list for water meters.  They were getting some additional water from Baldwin from their surplus, but they needed more.

Dunfield thought the staff’s position on developing a new contract seemed reasonable.

Moved  by Dunfield, seconded  by            Rundle, not to approve the request from the City of Baldwin and Douglas County Rural Water District No. 4, for a new connection and metering point for water services at O’Connell Road until the Water Treatment Agreement was updated to meet current concerns and issues.  Motion carried unanimously.                                                                                                                 (17)

Rick Bryant, Chair, Aviation Advisory Board, requested the City Commission place water and sanitary sewer improvements to the Municipal Airport in the City’s Capital Improvement Plan for funding in the year 2000.  A request to the U.S Department of Commerce for a grant for this project was denied and the prospects for funding in the future was not promising.  Without adequate water and sanitary sewer, the City has lost and would continue to loose the potential for high-tech jobs at the airport.  Airport growth was considerably hampered by lack of infrastructure improvements.  There was a precedent to fund these projects, not on the Capital Improvement list, when the City placed a pumping structure at the airport which was not on the CIP.

Larry Kipp, 1029 North 1750 Road, representing Friends of Douglas County, suggested the City Commission look at alternative technology for treating wastewater at the airport.

Michael Almon, Friends of Douglas County, said the airport site would provide an excellent example for new technology in treating waste.  He suggested using constructive wetland treatment of this wastewater.  Almon explained the difference between wetland technology and hyper wetland technology.  Both concepts would treat wastewater to secondary levels of treatment.  There were several architects and engineers in the Kansas City area familiar with this type of technology.

David Downing, University of Kansas Aerospace Engineering, said the University was in the process of making a significant investment for research at the airport.  In order to meet the growing needs of the University at the airport, infrastructure improvements were extremely important.  One long-term concept was to move all aerospace engineering laboratories to the airport in a new building.

John Brown, Kohlman Research, supported the infrastructure improvements.  It would allow their company to expand and make better use of the existing facilities.  These improvements at the airport would bring more business to the facility.

John Hunter, Dreamwings L.L.C., said based upon their successful introduction of their planes into the market, there would be need for expansion to meet the demand.  Their existing facility was at its maximum capacity in terms of space.  In order to expand these infrastructures, improvements were needed.

Tim Holverson, Chamber of Commerce, supported the infrastructure improvements.  These improvements would keep existing companies at the airport and allow them to grow.  In addition, it would guarantee new businesses taking a serious look at the facility.  It was important to support the high-tech jobs that were in the field of aviation and aerospace.

Bruce Liddel, former Aviation Board Member, supported the work of the Aviation Board in bringing these improvements to the airport.  It would be a good investment for the City that would provide an overwhelming return on investment.

Bob Newton, Aviation Advisory Board, said it was important to proceed with these infrastructure improvements.  The City needed to find a way to make it happen.

Lloyd Hetrick, Fixed Base Operator at the Airport, said the infrastructure improvements were needed at the facility.  Any additional septic fields would take needed land away from future development.

Rundle thought there was a lack of funding for support of technological expansion within the community.  He wanted to give a serious look at new technology for wastewater treatment at the airport.

Dunfield said the wetland technology for wastewater treatment was worth looking at.  He wanted to know if the pressurized line serving the airport would also meet the needs for the North Lawrence area.  Dunfield asked if the City was creating inefficiencies by building the line serving the airport at this time.

Mike Wildgen, City Manager, said the line serving the airport could not be used for the North Lawrence Development Plan.  Sewage from that area could be pumped to the airport line and back.  That area was flat and wastewater needed to be pumped.      

Moved by Henry, seconded by Kennedy, to direct staff to prepare a request for proposals for a consultant to look at the feasibility of using alternative technology for wastewater treatment at the airport.  Motion carried unanimously.                                       (18)

Rick Bryant, Chair, Airport Advisory Board, presented a request for the City Commission to consider the construction of twenty (20) additional T-hangars at the airport due to the demonstrated interest and need of hangar space at the airport.  Again, this project was not in the General Fund CIP for the year 2000 to 2005.  Bryant presented a rate survey showing T-hangar rentals in the area.  The two hundred and seventy-five dollars ($275.00) per month for a fifteen (15) year by-back was out of line with other rentals in the area.  The one hundred and eighty-five dollars ($185.00) to two hundred dollars ($200.00) per month seemed to be in line with other airports in the area.  He recommended a fifteen (15) year bonding of the improvements.  

Graham Kreicker, 1625 St. Andrews, supported the construction of additional T-hangars.  They would ultimately pay for themselves.

Wayne  Brewer supported the T-hangar project.  He recommended appropriate design should be given to the construction and suggested using by-fold overhead doors for the hangars.  The airport was a valuable asset and the City needed to take advantage of that asset.

Lloyd Hetrick, Fixed Base Operator at the Airport, supported the expansion of T-hangars at the airport.  All current space was being used and this would free-up the larger hangar for larger commercial aircraft.

Mike Wildgen, City Manager, said there needed to be appropriate engineering design for this project.  It was important to have good design from the beginning to avoid surprises.      

Moved  by Henry, seconded by Dunfield, to direct staff to seek proposals from consultants for design of T-hangars at the airport.  Motion carried unanimously.          (19)

 Mike Wildgen, City Manager, presented the recommendations for the Sidewalk Improvement Program in the year 2000 and 2001.

Moved by Kennedy, seconded by Rundle, to approve the Sidewalk Improvement Projects for year 2000 and 2001.  Motion carried unanimously.         (20)

Mayor Henry presented his request for the formation of a Task Force on Economic Development and Tax Abatement issues.  He suggested a task force be formed that would have broad base representation to look at the benefits of the existing Economic Development Program, accuracy of the cost-benefit analysis, types of businesses the community wanted to attact and types of jobs.  In addition, the Task Force would look at the use of Tax Abatement.

Shirley Martin Smith, 1616 Louisiana, recommended the City Commission have a study session to hear from the current Economic Development Partners in the community.  She recommended the City Commission bring those groups together to present what they have done and what they were doing.

Kalvin Heck, Lawrence Chamber of Commerce, suggested the study session to have the different groups report on Economic Development efforts.

Larry Kipp said this was an excellent opportunity for the City to define what was Economic Development.  It would give the City Commission and the Community an opportunity to rethink what was good Economic Development.

Rundle supported a study session because he liked the opportunity to be better informed.  In general, he thought there was a lack of oversight and accountability concerning Economic Development.  He suggested the City Commission use the money allocated for Economic Development to fund City staff.  The study session was a good start to define those issues.

Kennedy suggested the possibility of two (2) study sessions.  One (1) to hear what was happening in Economic Development and a second to develop goals for the task force.                                                                                                             

Moved by Kennedy, seconded by Rundle, to extend the meeting to 10:30 p.m. and to recess into executive session for that period of time to discuss matters concerning employer/employee negotiations with the justification to keep possible terms and conditions confidential at this time.  Motion carried unanimously..

Upon returning at 10:30 p.m., it was moved by Rundle, seconded by Kennedy, to extend the meeting and executive session for an additional thirty (30) minutes.  Motion carried unanimously.

Upon returning from executive session, the City Commission concurred to set Wednesday, June 21, 2000, 7:00 p.m., as a study session to discuss rental housing issues; Wednesday, June 28, 2000, 9:00 a.m., as a study session to discuss KPL rate issues; and, Wednesday, July 19, 2000, 9:00 a.m., as a study session to discuss Economic Development and Tax Abatement Issues.                                                     (21)

Moved by Kennedy, seconded by Dunfield, to adjourn at 11:00 p.m.  Motion carried unanimously.                                                     

 

APPROVED:

 

 

_____________________________James R. Henry, Mayor

ATTEST:

 

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING MAY 23, 2000

1.                  Ordinance 7221 – 1^st Reading, no parking, both sides of 15^th from Barker to E City limits.

2.                  Ordinance 7220 -  2nd Reading, allowing temporary alcoholic beverages at Lawrence Municipal Airport, July 19, 2000 from 5 pm until 8:30 pm.

3.                  Resolution No. 6192 – rescinding benefit district for improvements to W 6^th & Monterey Way for Hy-Vee facility.

4.                  Site Plan – (SP-03-19-00) Springhill Suites by Marriott, 1 Riverfront Plaza.

5.                  Site Plan – (SP-03-22-00), Reuter Organ, Lt 4, Timberedge Industrial Park.

6.                  Annex – Refer to Planning Commission for recommendation, 14.4 acres, W 2^nd, N of Kaw Water Treatment Plant.

7.                   Annex – Refer to Planning Commission for recommendation, 18.186 acres, N of S Lawrence Trafficway R-O-W, S of Bluestem Dr.

8.                  Annex – Refer to Planning Commission for recommendation,, Lt A, Blk 1, Bauer Farms, N of Trail, W of Folks.

9.                  Annex – Refer to Planning Commission for recommendation, 131.966 acres, NW of Free State H.S.

10.              Annex – Refer to Planning Commission for recommendation, 10 acres, N of St, Margaret’s Episcopal Church on W 6^th.

11.              Annex – Refer to Planning Commission for recommendation, 20 acres, N & W of St. Margaret’s Episcopal Church, W 6^th .

12.              Annex – Refer to Planning Commission for recommendation, 4.763 acres,  S of W 6^th, N of current terminus of Harvard Rd.

13.              Annex – Refer to Planning Commission for recommendation, 19.115 acres, W of Kasold on curve & S of Winterbrook.

14.              Agreement – Design of Parkside Dr. benefit district, Landplan for $27,000.

15.              Subordination Agreement – 1704 Tennessee, Antonio Shepherd.

16.              Lawrence Arts Ctr. – Financing, 900 Blk of New Hamp.

17.              Water Supply – Baldwin City & Rural Water District #4, possible O’Connell Rd metering point.

18.              Sanitary Sewer – Improvements to Municipal Airport.

19.              T-Hangers – Municipal Airport.

20.               2000 Sidewalk Improvement Project.

21.              Task Force Formation – Economic Development & Tax Abatement.