May 30, 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 approval of the May 16, 2000, City Commission meeting minutes be deferred for one (1) week.

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

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the City Commission meeting minutes of May 23, 2000.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to receive the CVB Advisory Board meeting minutes of May 25, 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 $712,479.81.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the Drinking Establishment Licenses for Duffy’s at the Ramada Inn, 2222 West 6^th; and, Jefferson’s Restaurant, 743 Massachusetts (Contingent Upon State License).  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the recommendation of the Mayor and reappoint Les Catlin to the Aviation Advisory Board; Tim Allen and Jackson Clark to the Fire Code Board of Appeals; and, the appointment of Thomas Waechter to the Bicycle Advisory Committee.  Motion carried unanimously

The City Commission reviewed the bids for Toshiba and Panasonic Laptop Computers for the Police.  The bids were:

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid for six (6) Toshiba laptops from Computer & Accessories, in the amount of $20,250.00 and two (2) Panasonic laptops to PCS Inc., in the amount of $6,010.00.  Motion carried unanimously.

The City Commission reviewed the bids for PC Software Training for City Employees.  The bids were:

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to Execu Train, in the amount of $36,000.00.  Motion carried unanimously.

 The City Commission reviewed the bids for the Community Drop-In Center Office Rehabilitation, located at 214 West 10^th for the HAND
Department.  The bids were:

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to General Construction in the amount of $35,932.00.  Motion carried unanimously.

The City Commission reviewed the bids for manhole rehabilitation for the Utilities Department.  The bids were:

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to Dobson-Davis Co., in the amount of $186,680.00.  Motion carried unanimously.

The City Commission reviewed the South Park Wading Pool and Restroom for the Parks and Recreation Department.  The bids were:

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to Penny Construction in the amount of $207,473.75.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the contract extension for one (1) additional year for Dukes Root Control to provide root control services for the Sanitary Sewer Root Control Program.  Motion carried unanimously.

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 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.                                                         (1)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to extend for one (1) year the site plan approval for a shop building on Lot 16, Commerce Park East.  Motion carried unanimously.                                                          (2)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the Capital Improvement Plan for 2001 – 2006.  Motion carried unanimously.                                                                                                                               (3)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for Helen Elkins/Janet Krause, 2138 Vermont.  Motion carried unanimously.                                              (4)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve temporary directional signs for the Sunflower State Games.  Motion carried unanimously.                                                                                                        (5)

Karin Rexroad, Public Transit Administrator, presented the staff report on the recommendations for transit providers and bus manufacturers.  She outlined the process for both reviews.  Four (4) buses provided by two (2) manufactures were considered.  Staff recommended purchasing ten (10) Blue Bird QBRE 2903 at a cost of $206,745.00.  In addition to the initial purchase of ten (10) buses, the City had an option to purchase two (2) more buses at that price.

Five (5) transit providers were evaluated to operate the system.  Staff recommended MV Transportation to operate the system at an average three (3) year cost of $1,765,383.00. 

Rexroad said the FTA reviewed the evaluation process and concurred with the review.  She requested the City Commission recognize receipt of the report.  The manufacturers and operators would have five (5) days to review and protest the evaluation.  Staff anticipated the formal acceptance of these proposals would be on the June 13, 2000, City Commission meeting.  The contractors would again have a five (5) day protest.

The City Commission concurred to receive the report on the recommended bus purchase and transportation provider and direct staff to proceed with the approval process.                                                                                                                               (6)

Barry Walthall, Electrical Inspector, presented the Draft Ordinance from the Board of Electrical Examiners and Appeals adopting the 1999 National Electrical Code.  Walthall introduced Bob Stihl, Chair, Board of Electrical Examiners and Appeals, who presented the recommendations. 

Stihl said several public hearings were heard to review the recommendations.  The most controversial issue was the use of ARC-Fault-Circuit-Interrupter (AFCI).  These were circuit breakers to protect bedroom receptacle outlets.  The Lawrence Home Builder’s Association was concerned about the expense of these breakers and their reliability.  This section would become part of the City Code January 1, 2002, unless the Board recommends changes to that section.

Moved by Hodges, seconded by Rundle, to concur with the recommendations from the Board of Electrical Examiners and Appeals, adopting the 1999 National Electrical Code with amendments and direct staff to prepare the appropriate Ordinance.  Motion carried unanimously.                                                                                            (7)

Mike Wildgen, City Manager, presented Resolution No. 6193, a Resolution of Intent, concerning the proposed tax abatement for American Eagle Outfitters. 

Moved by Kennedy, seconded by Hodges, to adopt Resolution No. 6193, a Resolution of Intent, concerning the proposed tax abatement for American Eagle Outfitters.  Aye:  Henry, Hodges and Kennedy.  Nay:  Dunfield and Rundle. Motion carried.                                                                                                                     (8) 

David Corliss, Legal Services Director, presented a text amendment (TA-3-2-00) to the Zoning Ordinances, establishing location and other requirements for sexually oriented businesses within the City.  The Planning Commission recommended unanimously to adopt these amendments. 

In addition to the Zoning Ordinance text amendments, staff recommended along with Eric Kelly, Land Use Consultant, the City Commission authorize a licensing and regulatory Ordinance which would not be part of the City’s Zoning Code.  The value of this Ordinance was enforcement would not be tied to land use procedures, but general public offense prohibitions.  The proposed Ordinance would license establishments that fit the definition of sex shops, those businesses which sells gifts, clothing items and other items of a sexually explicit nature.  Failure to comply with license requirements would allow for possible suspension or revocation of a license.  It would also establish certain codes of conduct for the sex shop businesses such as eighteen years (18) age limit for admittance, interior lighting and other requirements.  The Ordinance would be proactive in that it would prohibit message shops, modeling studios and motion picture arcade booths.

Eric Kelly, Duncan Associates, said the current Ordinance provides for treating sex businesses all the same way.  Kelly said they were not all the same and the proposed Ordinance provided several distinctions.  The Ordinance would expand the current provisions found in the sexual oriented entertainment section of the Code to other adult business activities.  The licensing process would control the conduct of these businesses.

Hodges asked if by allowing these types of businesses, would the City see an increase in this type of business.

Kelly said based upon his experience, he would not anticipate an increase in this type of business based upon the proposed regulations.

Dunfield asked if the proposed amortization of the business was legal.

Kelly said in Kansas this was specifically provided in State Statute.  He thought it would be easier to defend in the case of a retail store which with having a five (5) year amortization would adequately protect the business interest.  For a specially designed facility, like a movie theater, it would be difficult to defend.  On the types of businesses currently in Lawrence, he thought it would be permissible.            

Moved by Rundle, seconded by Dunfield, to concur with the Planning Commissions recommendation and approve the text amendment (TA-3-2-00) to the Zoning Ordinances, establishing location and other requirements for sexually oriented businesses within the City and the proposed licensing Ordinance for sexually oriented businesses and direct staff to prepare the appropriate Ordinance for a future City Commission agenda.  Motion carried unanimously.                                                           (9)

Sandra Day, Planner, presented the rezoning (Z-3-7-2000) request to rezone approximately 8.73 acres from PCD-1 (Planned Commercial District) to O-1 (Office District), property generally located northeast of Peterson Road and Kasold Drive and the Final Plat of Deerfield Woods No. 7.  The Planning Commission unanimously recommended the rezoning and Final Plat on an eight (8) to one (1) vote.  The concern from the Planning Commission was access to the proposed site which would be controlled by the Site Plan staff was reviewing.

Elizabeth Banks, a resident in the area, expressed a concern about access.  Access from Kasold was more appropriate than Peterson Road.

Charlie Steinbacher, representing the applicant, said all the infrastructure improvements were in place for this project.  The original Preliminary Development Plan for the Planned Commercial District allowed access off of Peterson Road.  The applicant was entitled to have access from Peterson Road.

Moved by Kennedy, seconded by Hodges, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning of approximately 8.73 acres from PCD-1 (Planned Commercial District) to O-1 (Office District), property generally located northeast of Peterson Road and Kasold Drive.    Motion carried unanimously.                                                                    (10)

Moved by Kennedy, seconded by Hodges, to concur with the Planning Commission’s recommendations, approve the Final Plat for Deerfield Woods No. 7, a one-lot plat containing approximately 8.73 acres, located northeast of Kasold Drive and Peterson Road, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Execution of a Temporary Utility Agreement;

2.                  Execution of an agreement not-to-protest a benefit district for Street and Sidewalk Improvements for Peterson Road and Kasold Drive;

3.                  Provision of the following fees and recording documentation:

a.                  Copy of paid property tax receipts;

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

c.                  Provision of a Master Street Tree Plan;

4.                  Provision of a Revised Plat to show the street names as follows:  “Peterson Drive” to “Peterson Road”;

5.                  Provision  of a Revised Final Plat to show the cross street and driveway intersections along Peterson Road and Sterling Drive;

6.                  Provision of a Revised Final Plat for the Mayors endorsement as “James R. Henry”; and,

            7.         Provision of a Revised Final Plat to tie the plat to two (2) section corners.  Motion carried unanimously.                                                                                             (11)

Mike Wildgen, City Manager, said the applicant requested to defer the request for rezoning approximately 25.202 acres from RS-1 (Single-Family Residence District) to PCD-2 (Planned Commercial Development), property located on the north side of West 31^st Street, east of Iowa Street which was commonly know as Gaslight Village Mobile Home Park.   He recommended the applicant inform the City Commission thirty (30) days prior to bringing the rezoning request back for discussion.

At the request of the applicant, it was moved by Rundle, seconded by Kennedy, to defer indefinitely the request to rezone (Z-6-20-99) approximately 25.202 acres from RS-1 (Single-Family Residence District) to PCD-2 (Planned Commercial Development), property located on the north side of West 31^st Street, east of Iowa Street, commonly know as a portion of Gaslight Village Mobile Home Park and direct staff to notify the applicant the City must have thirty (30) days notice prior to returning the rezoning request to the City Commission’s agenda.   Motion carried unanimously.                                                                                                                                           (12)

Darrell Higgins, a septage hauler, requested the City Commission extend the current fees for dumping septage waste at the Wastewater Treatment Plant until the County Commission could explore possible alternatives.

Hodges asked the length of the deferral. 

Higgins said he did not know how long it would take for the County to explore options.

Mike Wildgen, City Manager, said it was his understanding the County was going to pay for a Feasibility Study to see if the Eudora Plant could handle this waste.  The time frame would be two (2) to three (3) weeks.

Moved by Kennedy, seconded by Hodges, to direct staff to delay any rate adjustments for septage hauling until July 1, 2000.  Motion carried unanimously.       (13)

Joyce Riddle asked the status of the K-10 Corridor signs to which the City contributed $5,000.00.

Mike Wildgen, City Manager, said to the best of his knowledge the signs were still in the planning stage and were to be installed.

Rundle requested an accounting of the funds. 

Moved by Hodges, seconded by Rundle, to adjourn at 7:40 p.m.  Motion carried unanimously.                                                           

 

 

APPROVED:

 

 

_____________________________James R. Henry, Mayor

ATTEST:

 

___________________________________                                                                        

Raymond J. Hummert, City Clerk

COMMISSION MEETING MAY 30, 2000

1.                  Ordinance 7221 – 2^nd  Reading, no parking, both sides of 15^th from Barker to E City limits.

2.                  Site Plan – Extend 1 year for shop bldg on Lt 16, Commerce Park E.

3.                  Capital Improvement Plan – 2001 – 2006.

4.                  Mortgage Release – 2138 Vermont, Helen Ekins/Janet Krause.

5.                  Temporary Directional Signs – Sunflower State Games.

6.                  Transportation – Bus purchase review.

7.                  1999 National Electric Code – Draft Ordinance.

8.                  Resolution No. 6193 – Resolution of Intent, Tax Abatement for American Eagle Outfitters.

9.                  Text Amendment  - TA-3-2-00, SOEB requirements.

10.              Rezone – Z-3-7-2000, 8.73 acres from PCD-1 to O-1, NE of Peterson & Kasold.

11.              Final Plat – PF-3-5-2000, Deerfield Woods No.7, 8.73 acres, NE of Kasold & Peterson

12.               Rezone – Z-6-20-99, 25.202 acres from RS-1 to PCD-2, N side of W 31^st, Gaslight Mobile Home Park.

13.              Rate adjustment delay for septage hauling until July 1, 2000.