June 20, 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.   

With Commission approval Mayor Henry welcomed the “Global Peace Walk 2000.”

 As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the City Commission meeting minutes of June 13, 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 $882,474.01 and payroll from June 4, 2000 to June 17, 2000 in the amount of $1,121,698.05.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the Drinking Establishment License for Carlos O’Kelly’s Mexican Restaurant, 707 West 23^rd (Contingent Upon State License; Milton’s Coffee & Wine, 920 Massachusetts; Red Lyon Tavern, 944 Massachusetts; Dasko’s, 1730 West 23^rd; the Class A Club License for Columbus Club, 2206 East 23^rd (Contingent Upon State License); the Cereal Malt Beverage Licenses for Rocky's, 714 Vermont (Contingent Upon Departmental Approval); and, Montana Mike’s, 1015 Iowa.  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 Keith Haynes to the Board of Electrical Examiners and Appeals.  Motion carried unanimously.

The City Commission reviewed the bids for various used City vehicles to be sold to the highest bidder.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the various bids for used City vehicles to the highest bidders.  Motion carried unanimously.

The City Commission reviewed the bids for personal computers for the Information Systems Department.  The bids were:

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to Microtech Computers, in the amount of $72,164.00.  Motion carried unanimously.

Ordinance No. 7225, changing the name of Bently Place to Bently Drive and Winston Court to Winston Drive in Deerfield Woods Subdivision No. 4 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)

Ordinance No. 7223, defining and regulation Disorderly House Nuisances 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)

Ordinance No. 7224, adopting the 1999 National Electrical Code, with amendments 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.                                                         (3)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to adopt Resolution No. 6195, authorizing the Mayor to sign the application for the 2000 Emergency Shelter Grant from the City to the State of Kansas.  Motion carried unanimously.                                                                                                          (4)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to adopt Resolution No. 6196, setting a public hearing date of August 8, 2000, to discuss the unsafe structure at 1201 East 13^th. Motion carried unanimously.           (5)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to adopt Resolution No. 6197, setting a public hearing date of August 8, 200, to discuss the unsafe structure at 1218 (1220) Tennessee Street.  Motion carried unanimously.                                                                                                                     (6)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to receive the annexation request for approximately 13 acres generally located at the northwest corner of 31^st Street extended and O’Connell Road and refer the request to the Planning Commission for a recommendation.  Motion carried unanimously.                                                                                                                      (7)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to receive the annexation request for approximately 33.702 acres generally located south of the Kansas Turnpike, east of Stonegate Townhomes on Kasold Drive development and refer the request to the Planning Commission for a recommendation.  Motion carried unanimously.                                                                                               (8)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to receive the annexation request for approximately 27.143 acres generally located south of Harvard Road, west of Legends Drive extended refer the request to the Planning Commission for a recommendation.  Motion carried unanimously.                         (9)

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 Roxie Harmon, 1622 West 22^nd Terrace.  Motion carried unanimously.                                                        (10)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to declare an emergency and adopt on first reading Ordinance No. 7228, approving the sale of Cereal Malt Beverages at the Adult Softball Tournament at the City’s Clinton Lake Sports Complex for September 1 – 3, 2000 conditioned upon State and City temporary licensing.  Motion carried unanimously.                              (11)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to receive the letter from the Board of Realtors concerning directional signage within the time frame of 12:00 p.m. until 5:00 p.m. on Saturdays and Sundays for Open House and refer to staff for a report and proposed Ordinance.  Motion carried unanimously.                                                                                                                             (12)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to refer the Downtown Design Guideline recommendations from the Downtown Design Guidelines Task Force for review and comment to the Historic Resources Commission.  Motion carried unanimously.                                                  (13)

Bob Shumm, representing the Sister City Advisory Board, presented a report recommending the City of Lawrence enter into a formal agreement with Rhonda, Spain as a Sister City.  In May, the City of Rhonda initiated the process for developing a formal relationship and the creation of a committee to work on the details.  The City of Rhonda requested a delegation to travel to Rhonda in the fall to finalize the relationship. 

Kathleen Hodges, Sister City Advisory Board, said a subcommittee was formed to increase scholarship money to allow students to take advantage of exchange programs with Sister Cities.  The goal was to provide resources for every student who wanted to participate in an exchange program.

The City Commission concurred to receive the report and directed the Sister City Advisory Board to continue the process of a working toward recognition with Rhonda Spain as a Sister City.   Motion carried unanimously.                                              (14)

Mayor Henry called a public hearing on the proposed maximum special assessments for sanitary sewer improvements in the Western Hills neighborhood.

George Williams, Public Works Director, presented the proposed maximum assessments and an outline of the benefit district.  He said the maximum assessment per lot was $7,810.08.

A person asked for the starting date of the project and the anticipated completion date.

Williams said there was a thirty (30) day waiting period after publication of the Ordinance and he anticipated a six (6) month time frame to complete the project.

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

Moved by Kennedy, seconded by Hodges, to place of first reading Ordinance No. 7229, setting the maximum assessment for sanitary sewer improvements in the Western Hills neighborhood.  Motion carried unanimously.                                           (15)

Don McKillip, representing Woodfield Meadows Condominium Association, requested the City assist in funding the restoration of Vintage Court.  The $30,000.00 project cost was based on an estimate from LRM Industries to add five inches (5”) of asphalt and repair curbs in the area.  The request was for a one (1) time commitment from the City with future maintenance provided by Woodfield Meadows Condominium Association.  Property owners were paying taxes for a long time and the City was saving a substantial amount of money by not maintaining the street.  McKillip said he could not understand why the City would allow substandard streets to be built.

Ted Fagan, Condominium Association Member, said all private streets should meet the minimum requirements for our City streets.  Building private streets, has saved the City of Lawrence a lot of money.

George Williams, Public Works Director, said at one time private streets could be built to the same standard as a parking lot, which was five inches (5”), of compressed rock with two inches (2”) of asphalt.  At the present time, private streets needed to meet the same standards as City streets.  Today, private streets were not being built because of that standard.  In the past, building private streets reduced the cost of the development.  In these situations, there was no right-of-way which meant developers did not have to meet setback requirements.  On Vintage Court, the City has no right-of-way.

Rundle asked if the City were to do this today, would it be financed by a benefit district.      

Mike Wildgen, City Manager, said “yes” street improvements could be financed by a benefit district.  However, in this particular situation, the City had no right-of-way for the street and a benefit district would not be used.

Moved by Hodges, seconded by Kennedy, to concur with the staff’s recommendation to deny the request for funding private street improvements in Woodfield Meadows Condominium area.  Motion carried unanimously.                      (16)

Kyle Mieras, Planner, presented the staff report on proposed public improvements on Kasold and Clinton Parkway.  In April, the City Commission approved the Preliminary Development Plan and a Setback Waiver for Parkway Commons subject to the condition that a traffic study be completed which was acceptable to the City Traffic Engineer and City Engineer to solve any potential level of service problems at the intersections.  If the study demonstrated the need for additional public improvements, these were required to be shown on the Preliminary Development Plan.  Two (2) public improvements were identified to deal with intersection problems.  The first was a deceleration lane on southbound Kasold entering Clinton Place.  The second was a median configuration located in the middle of Clinton Parkway that would control access to Clinton Parkway by eliminating left turning movements on to Clinton Parkway and through movements across Clinton Parkway.  Mieras recommended the City Commission provide direction on this issue prior to the Planning Commission acting on the Final Development Plan since the Final Development Plan would not come back before the City Commission.

Craig Burger, 3714 Hartford Avenue, opposed the median at Clinton Parkway.  The median would redirect traffic through worse intersections.  He requested a traffic signal at the intersection to solve the problem.

Gene Shaughnessy, 3604 Hartford Court, said there was not a problem at Clinton Parkway and did not see a need for the median.  If something needed to be done at the intersection, he suggested a traffic signal as an alternative.

Tim Herndon, LandPlan Engineering, reviewed the traffic study with the City Commission.  He said although several deficiencies were found at this intersection, there were other intersection with worse level of service.

Jack Rhodes, representing Sports Page Brewery and Parkway Plaza, said they were willing to participate in a benefit district for a traffic signal at this location.  It was the best solution for any potential problems.  The prorated cost of the estimated $150,000.00 for the project was acceptable to him.

Doug Compton, representing Parkway Commons, presented a map showing the proposed benefit district.  There were no single family units in the proposed district.

Terry Sutcliff, Lawrence Bank, supported being in the benefit district for a traffic signal.  A traffic signal could best control traffic at that intersection.

Dunfield asked if it was acceptable to place a traffic signal at this location with the existing signals and proposed signals that were planned.

Williams said it was acceptable and could be coordinated with other signals in the area.

Rundle asked the time frame in forming the benefit district process.

Williams said he could have a Resolution back to the City Commission in approximately thirty (30) days.     

Moved by Kennedy, seconded by Rundle, to direct staff to prepare the appropriate Resolutions to form a benefit district for the installation of a traffic signal at Hawthorne Drive and Hartford Avenue at Clinton Parkway to be paid 100% by the benefit district.  Motion carried unanimously.                                                                  (17)

 Debbie Van Saun, Assistant City Manager, presented the Draft Request for Proposals for wastewater improvements and platting/engineering services at the Lawrence Municipal Airport.  The request was divided into two (2) projects.  The first involved the study of alternatives to replace the existing septic system at the airport.  The second was the survey, platting and preparing a Stormwater Management Plan for the City owned acres at the airport.  The RFP would be sent to local engineering consultants, consultants specializing in hyper wetlands, wastewater treatment systems and civil engineering consultants who had worked successfully on sanitary sewer system projects with the City in the past. 

Van Saun presented the report on the Airport Grant Projects.  The City was in the process of submitting by July 1, 2000, the appropriate forms for fourteen (14) different projects.  The total cost of these projects was $10,215,000.000.  The City’s matching share was ten percent (10%) of the total project cost.   

Hodges expressed a concern about the increase in cost of the project by about $5,000,000.00 from when first presented to the City Commission.

Michael Almon, 1311 Prairie, expressed a concern about the selection process for the sanitary sewer improvements.  He suggested using two (2) separate consultants designing systems.   One (1) system would be the hyper wetland type of improvement and the other would be the conventional type.  The City would review the costs and benefits of both projects.  He recommended two (2) different consultants because one (1) consultant would not have sufficient expertise in both types of treatment operations.  He was aware of only two (2) firms that could design the hyper wetlands type of system.  The selection committee could make a better recommendation from reviewing both systems in detail.

Van Saun said the RFP requested a consultant to compare the two (2) systems for the City and make a recommendation.

Rundle thought staff could make that type of analysis.

Mike Wildgen, City Manager, said that engineering firms typically partner with other firms if they did not have a certain type of expertise.

Tony Peters said there might be confusion in the process.  The City was requesting a consultant to make a recommendation on which would be the best type of system.  They were not seeking a consultant to design a system at this time.

Rick Bryant, Chair, Aviation Advisory Board, said the proposed project cost had increased from approximately 4.5 million dollars because of wetlands mitigation on extension of one of their runways.  Consultants were attempting to discuss this issue with KDOT and no resolution was made at this time.  A projected figure was used to cover any potential mitigation costs.

Moved by Kennedy, seconded by Hodges, to authorize staff to distribute the RFP (Request for Proposals) for wastewater improvements and other engineering services at the Lawrence Municipal Airport and authorize staff to submit the Airport Grant Projects as presented.  Motion carried unanimously.                                                      (18)

Steve Phillips, Black and Veatch, presented their proposal for construction services for the estimated thirty-four (34) month construction period for upgrading the Wastewater Treatment Plant.  The scope of services included office construction services, resident engineering services, operation and maintenance manual services, start-up and personal training services, and computer configuration services to operated the plant.

Matt Shultz, Black and Veatch, reviewed the various elements of the services.  The total cost of services was not to exceed $3,390,000.00.

Harold Shephard asked if the City had any specific goals for minority employment in the process.

Shultz said since the project was being funded with low interest loans from the State, certain minority requirements were in the bid documents. 

Debbie Van Saun, Assistant City Manager, said a list of contractors receiving bid documents would be provided by her office to Shephard.  In addition, bid documents could be reviewed or made available to Shephard.

Moved by Rundle, seconded by Hodges, to authorize the agreement with Black & Veatch Consulting Engineers concerning the proposed construction phase agreement for the Wastewater Plant Expansion not to exceed $3,390,000.00.  Motion carried unanimously.                                                                                                       (19)     

Dunfield informed the City Commission that he would not participate in the discussion or the vote of the Downtown 2000 Project Update because of potential conflict of interest.

David Corliss, Assistant City Manager, presented the report concerning the Downtown 2000 Project.  Corliss said staff needed direction from the City Commission on two (2) items.  The first was the proposed closure of the 900 Block of New Hampshire during construction of the parking garage.  Staff recommended the City Commission go on record approving closure of this block once needed for construction of the parking garage.  The other direction for staff was approval of brick and concrete treatments for the project.  City Commission endorsement of these materials was needed for final design preparation.

Corliss said on July 11, 2000, a public hearing was set for funding the Lawrence Arts Center project.  Federal Tax Laws require a public hearing because the use of the Arts Center would not be solely a Municipal Use.  Because the Lawrence Arts Center was a private not-for-profit organization, a TIFRA Hearing was required.  The site plan was being completed and would be before the City Commission in the near future.  Staff was continuing to work with the developer on the redevelopment agreement as well as planned preparation and budget confirmation on the parking garage.

Moved by Rundle, seconded by Kennedy, to authorize the closing of the 900 Block of New Hampshire when appropriate and approve the brick and concrete treatments for the parking garage.  Aye:  Henry, Hodges, Kennedy and Rundle.  Nay:  None.  Abstain: Dunfield.  Motion carried.                                                                       (20)

The City Commission concurred to defer for one (1) week, Resolution No. 6198 concerning the Lawrence Alliance.                                .                                                  (21)

Mayor Henry called a public hearing to consider the nomination from the Historic Resources Commission for South Park to the Lawrence Register of Historic Places.

Dennis Enslinger, Planner, presented the staff report from the Historic Resources Commission recommending approval of the nomination.

Hodges asked the number of properties effected by environs review for South Park.

Enslinger said because of various other State and Local nominations in the area, seventeen (17) additional parcels were added to environs review by the nomination of South Park.  He presented a schematic drawing showing the five hundred feet (500’) environs requirement for the National Register as opposed to the two hundred feet (200’) requirement for the Local Register.

Hodges asked what the impact on South Park as a listed as opposed to be in an environs review of a listed property. 

Enslinger said being on the list had a higher level of review than being in the environs of a listed property.

Jean Pike, East Lawrence Neighborhood Association, supported the nomination of South Park to the Local Register.

Marci Francisco, 946 Ohio, supported South Park being added to the Local Register.

Michael Shaw, Lawrence Preservation Alliance, supported the nomination of South Park to the Local Register.

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

Moved by Kennedy, seconded by Rundle, to approve the nominationfrom the Historic Resources Commission for South Park to the Lawrence Register of Historic Places and direct staff to prepare the appropriate Ordinance.  Motion carried unanimously.                                                                                                                     (22)

Mayor Henry called a public hearing to consider the nomination from the Historic Resources Commission for 905/907 Rhode Island, Social Service League to the Lawrence Register of Historic Places.

Dennis Enslinger presented the staff report from the Historic Resources Commission recommending the nomination.

Jean Pike, East Lawrence Neighborhood Association, supported the nomination of the Social Service League property to the Lawrence Register of Historic Places.

Marci Francisco, 946 Ohio, supported the nomination.

Barbara Brackman, 500 Louisiana, said the Social Service League was honored to be nominated to the Lawrence Register of Historic Places and supported the nomination.

Michael Shaw, Lawrence Preservation Alliance, supported the nomination.

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

Moved by Kennedy, seconded by Rundle, to approve the nominationfrom the Historic Resources Commission for 905/907 Rhode Island, Social Service League, to the Lawrence Register of Historic Places and direct staff to prepare the appropriate Ordinance.  Motion carried unanimously.                                                                    (23)

Mayor Henry called a public hearing to consider the nomination from the Historic Resources Commission for 1101 Ohio, Bailey Residence, to the Lawrence Register of Historic Places.

Janet & Kyle Gerstner, the owners of 1101 Ohio Street, said they honored to have their property nominated for the Historic Register.  They supported the nomination.  They introduced the Great Granddaughter of E.H.S. Bailey.

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

Moved by Kennedy, seconded by Rundle, to approve the nominationfrom the Historic Resources Commission for 1101 Ohio, Bailey Residence, to the Lawrence Register of Historic Places and direct staff to prepare the appropriate Ordinance.  Motion carried unanimously.                                                                                                               (24)

Hodges expressed a concern about overlapping environs that an individual property owner might face.  He suggested the Historic Resources Commission look at District Nominations or identification.  He supported homes facing South Park to be classified as single-family homes.

Harold Shephard asked if the Disorderly House Ordinance covered tenants or landlords.

Mike Wildgen, City Manager, said it covered both and staff would provide a copy of the Ordinance to Shephard.

Hodges said he failed to mention at the June 14, 2000, Budget Study Session, his thought of the need for an additional Environmental Inspector.  He requested staff provide information concerning the funding of this position at the July 30, 2000, Budget Study Session. 

The City Commission concurred.  

Moved by Kennedy, seconded by Rundle            , to adjourn at 9:08 p.m.  Motion carried unanimously.                                                          

 

APPROVED:

_____________________________James R. Henry, Mayor

ATTEST:

___________________________________                                                                        

Raymond J. Hummert, City Clerk

COMMISSION MEETING JUNE 20, 2000

1.                  Ordinance No. 7225 – 2^nd Reading, name change, Bently Pl to Bently Dr & Winston Ct to Winston Dr.

2.                  Ordinance No. 7223 – 2^nd Reading, define & regulate Disorderly House Nuisances.

3.                  Ordinance No. 7224 – 2^nd Reading, 1999 National Electrical Code.

4.                  Resolution No. 6195 – 2000 Emergency Shelter Grant.

5.                  Resolution No. 6196 – Set Public Hearing, Aug 8, Unsafe Structure at 1201 E 13th.

6.                  Resolution No. 6197 – Set Public Hearing, Aug 8, Unsafe Structure at 1218 (1220) Tenn.

7.                  Annexation Request – 13 acres, NW corner of 31^st & O’Connell.

8.                  Annexation Request – 33.702 acres, S of KS Turnpike, E of Stonetgate Townhomes on Kasold.

9.                  Annexation Request – 27.143 acres, S of Harvard, W of Legends Dr extended.

10.              Mortgage Release – 1622 W 22^nd Terr, Roxie Harmon.

11.              Ordinance No. 7228 – 1^st & 2^nd Reading, CMB at Adult Softball Tournament, Clinton Lake Sports Complex, Sept 1-3, 2000.

12.               Directional Signage – Board of Realators, 12 pm – 5 pm on Sat & Sun for Open House.

13.              Downtown Design Guidelines Task Force.

14.              Sister City Advisory Board.

15.              Ordinance No. 7229 – 1^st Reading, sanitary sewer improvements in Western Hills.

16.              Private Street Improvements for Woodfield Meadows Condominium Assoc. denied.

17.              Median Improvements at Clinton Pkwy & Hawthorne Dr/Hartford Ave.

18.              Wastewater improvements & platting/engineering service at Lawrence Municipal Airport – Draft RFP.

19.              Construction Phase Agreement for Wastewater Plant Expansion to Black & Veatch.

20.              Downtown 2000 Project.

21.              Resolution No. 6198 Lawrence Alliance restructuring (Deferred for 1 week).

22.              Lawrence Register of Historic Places – S Park

23.              Lawrence Register of Historic Places – 905/907 Rhode Island, Social Service League.

24.              Lawrence Register of Historic Places – 1101 Ohio, Bailey residence.