August 8, 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 Hodges, Kennedy and Rundle present.  Dunfield was absent.   

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the City Commission meeting minutes of August 1, 2000.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to receive the Sign Code Board of Appeals and BZA meeting minutes of July 6, 2000.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve claims in the amount of $1,280,990.90   . Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the Retail Liquor License for Myers Retail Liquor, 902 W 23rd.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the recommendation of the Mayor and reappoint Mildred Harkness to the Jayhawk Area Agency on Aging; the appointment of Tom Bracciano to the Parks and Recreation Advisory Board; the appointment of Rhonda Scherff, Scott Fisher Karen Chirstilles and the reappointment of Ester Wolfe, Brad Kemp and Jerry Bottenfield to the CVB Advisory Board; the appointment of Fred Pawlicki to the Sesquicentennial Committee; the reappointment of Vickie Randel and David Corliss to the Lawrence Memorial Hospital Board of Trustees; and, the appointment of Larry Frost to the Board of Electrical Examiners.   Motion carried unanimously.

Rundle requested additional information concerning the bids on Scottsdale and 27^th Street Improvements.

George Williams, Public Works Director, said three (3) projects were tied together by the City.  They were the 27^th and Wakarusa Drive on the Curve Project, the street, storm sewer and waterline improvements for Blue Stem Drive to Scottsdale Street and Scottsdale Street 26^th to 27^th Street.  All of the projects were above the Engineer’s Estimate with only the 27^th and Wakarusa Drive improvements falling within the appropriate Resolution amounts.  On those projects not falling within the Resolution amounts, staff has requested letters from those property owners stating they agree with the bids even though were above the projected cost identified in the Resolutions.  The reason for the increase generally appears to be based upon asphalt concrete cost, installation of the storm sewer, and another the concrete curb costs.  Williams did not anticipate getting better bids by re-bidding these projects because of the size of projects.  He recommended the City Commission waive the Engineer’s Estimate and approve the bids contingent upon the property owner’s approval and waiver of the cost estimates in the Resolutions. 

The City Commission reviewed the bids for 27^th and Wakarusa Drive Street and Storm Sewer Improvements for the Public Works Department.  The bids were:

            Moved by Hodges, seconded by Kennedy, to waive the Engineer’s Estimate and award the bid to LRM Industries, Inc. in the amount of $125,875.10.  Motion carried unanimously.

The City Commission reviewed the bids for 27^th Street, Bluestem Drive to Scottsdale Street, Storm Sewer and Waterline Improvements for the Public Works Department.  The bids were:

            Moved by Hodges, seconded by Kennedy, to waive the Engineer’s Estimate and award the bid to LRM Industries, Inc. in the amount of $156,390.20.  Motion carried unanimously.

The City Commission reviewed the bids for Scottsdale Street, 26^th to 27^th Street Storm Sewer Improvements for the Public Works Department.  The bids were:

            Moved by Hodges, seconded by Kennedy, to waive the Engineer’s Estimate and award the bid to LRM Industries, Inc. in the amount of $73,583.75.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to place on first reading Ordinance No. 7241, establishing “no parking” on the north side of 26^th Street, between Iowa Street and 27^th Street.  Motion carried unanimously.                                                                                                                    (1)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to place on first reading Ordinance No. 7246, annexing (A-05-11-00) approximately 20.38 acres of City owned property generally located west of Folks Road.  Motion carried unanimously.                                                                                                     (2)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to place on first reading Ordinance No. 7247, annexing (A-05-09-00) approximately 14.14 acres of City owned property generally located north of the Kaw Water Treatment Plant, West 2^nd and Illinois Street.  Motion carried unanimously.           (3)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to place on first reading Ordinance No. 7248, annexing (A-05-10-00) approximately 18.186 acres generally located north of South Lawrence Trafficway right-of-way, south of Bluestem Drive.    Motion carried unanimously.                                     (4)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to place on first reading Ordinance No. 7249, granting a fifty percent (50%) tax abatement for Allen Press Inc. in the amount of $2,777,134.81 in new equipment and machinery and 1,925.674.88 in building improvements.  Motion carried unanimously.  (5)

            As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to place on first reading Ordinance No. 7252, ordering the condemnation of two (2) tracts for the O’Connell Road Waterline Improvements.  Motion carried unanimously.    

                                                       (6)

            As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to place on first reading Ordinance No. 7253, ordering the condemnation of one (1) tract for the Kasold Pedestrian/Bicycle Path Project, Clinton to SLT Path.  Motion carried unanimously.                                                                                                      (7)

Ordinance No. 7240, annexing City owned property of approximately ten (10) acres, more or less, located east of the Wastewater Treatment Plant was read a second time.

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to adopt the ordinance.  Aye:  Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                  (8)

Ordinance No. 7242, annexing approximately 19.07 acres located adjacent to Free State High School site plan was read a second time.

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to adopt the ordinance.  Aye:  Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                 (9)

Ordinance No. 7243, annexing approximately five (5) acres of City owned property north of Oak Hill Cemetery was read a second time.

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to adopt the ordinance.  Aye:  Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                (10)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to authorize the Mayor and the City Clerk to execute an agreement with the Kansas Department of Transportation to construct a sanitary sewer main in the easements and right-of-way along North 2^nd Street, to serve the KDOT facility at North 2^nd and U.S. Highway 24 in North Lawrence.  Motion carried unanimously.        (11)   

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the request for signs of community interest for banners and signage for the United Way Campaign.  Motion carried unanimously.                                    (12)

Brian Pedrotti, Planner, presented the staff report on the site plan for a plumbing supply building on west side of Haskell Avenue, located at 725 Haskell.  Staff was recommending approval of the site plan subject to a Site Plan Performance Agreement being executed.

Pamela  Blevins, 932 LaSalle Street, expressed a concern about engine noise and storm water detention.  She recommended reversing the layout of the site because of these concerns. 

Alan Belot, representing the applicant, said the peak customer business hours were from 7:00 a.m. to 9:00 a.m. and from 3:00 p.m. to 5:00 p.m.  Equipment used to move materials around the site ran on propane gas.  This reduced noise and pollutants.  Concerning reversing the arrangement of the site plan, there were loading docks on both sides of the building and reversing the layout would not have an impact on any noise associated with loading or unloading of vehicles.  In addition, because of the stormwater detention requirements, it would almost be impossible to reverse the flow of stormwater from the site.  This property did not have access to Lynn Street except across another person’s property.  Belot suggested the location of the storage yard would present a buffer to the neighborhood rather than an intrusion because of the limited amount of activity in that area.  A six foot (6’) high cedar fence was the screening material. 

Rundle asked about accessing drainage across the neighboring property.

Sheila Stogsdill, Assistant Planning Director, said it would probably be difficult to get a Cross Access Agreement at this time from the neighboring property.  The detention pond would not hold water all the time.  There would be water in the pond only during limited periods as the pond drains.  If the detention pond was filled and not draining, Stogsdill recommended contacting the property owner and if the property owner was not responsive, contacting the Planning Staff.

Moved by Kennedy, seconded by Hodges, to approve the site plan (SP-07-47-00) for a plumbing supply building, Neenan Co., Inc. Wholesale Plumbing Supply, to be located at 1725 Haskell, subject to the execution of a Site Plan Performance Agreement (Per Section 20-1433).  Motion carried unanimously.                                             (13)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the site plan (SP-07-48-00) for construction of a new parking lot, shelter and restroom facility along Rockledge Drive, subject to the following conditions:.

1.                  Provision of a Revised Site Plan to include:

a.                  Proposed storm drainage to be shown on the face of Site Plan;

b.                  All inlets must be labeled as City Standard;

c.                  Provision of drainage management for the parking lot and all pathways which would not drain concentrated flow over the proposed paths;

d.                  Label all structure sizes and elevations.

e.                  Connection of proposed sidewalk with existing walk along Rockledge Road;

f.                    Location of existing and proposed utility lines; and,

            2.         Submission and approval of a photometric plan for parking lot lighting.

Motion carried unanimously.                                                                                            (14)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Planning Commission’s recommendations, approve the Final Plat (PF-05-17-00) for East Hills Business Park East, a one-lot industrial plat containing approximately 28.208 acres, located east of Noria Road and north of Douglas County Road 442, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Provide a Revised Final Plat depicting the following:

a.                  Provide correct signature block for Planning Commission Chair, Jane Bateman;

b.                  Address issue that Final Plat dimension along northern property line does not match Preliminary Plat;

c.                  The fifty foot (50’) of dedication right-of-way needs to be shown for Noria Road and correctly labeled;

d.                  Label KDOT right-of-way along southern property line;

2.                  Provision and approval of a Master Street Tree Plan;

3.                  Provision of redistribution of special assessments, if applicable, which meets the City’s requirements and was acceptable to the City Clerk and Public Works Director;

4.                  Execution of a Temporary Utility Agreement; and,

5.                  Execution of an Agreement Not-to-Protest the formation of a benefit district for street and sidewalk improvements to Noria Road and Douglas County Road 442.

Motion carried unanimously.                                                                                (15)            As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to receive a copy of Westwood Hills Preliminary Plat as requested on July 25, 2000.  Motion carried unanimously.                                                                       (16)

Mayor Henry called a public hearing on the proposed City Budget for 2001.

Mike Wildgen, City Manager, presented the proposed budget for the year 2001 and the accompanying Ordinances to implement the Budget recommendations as published.

Bill Sepic, Lawrence Chamber of Commerce, requested the City add $1,500.00 to the Budget for Economic Development Marketing.  Adding  $1,500.00 to that program, would make the City equal partners with the Chamber of Commerce and Douglas County.  He asked the City Commission consider phasing the increase of the stormwater utility rate from two dollars ($2.00) to four dollars ($4.00) for the Equivalent Residential Unit.

Hodges supported increasing the Economic Development Marketing Account by $1,500.00.

Wildgen said he could increase the account internally by adjusting other accounts.  

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

Moved by Hodges, seconded by Rundle, to place on first reading Ordinance No. 7254, adopting and appropriating the 2001 City Budget with an increase of $1,5000.00 for Economic Development Marketing.  Motion carried unanimously.              (17)

Moved by Hodges, seconded by Rundle, to place on first reading Ordinance No. 7238, making certain determinations concerning property taxes for the 2001 City Budget.  Motion carried unanimously.                                                                  (18)

Moved by Hodges, seconded by Rundle, to place on first reading Ordinance No. 7244, establishing water and sewage rates.  Motion carried unanimously.               (19)

Kennedy suggested that raising the ERU (Equivalent Residential Unit) rate to four dollars ($4.00) for the stormwater utility needed additional study. 

Moved by Rundle, seconded by Hodges, to defer the first reading of Ordinance No. 7245, establishing the ERU (Equivalent Residential Unit) for the stormwater utility at $4.00.  Motion carried unanimously.                                          (20)

Moved by Hodges, seconded by Kennedy, to place on first reading Ordinance No. 7237, establishing the long-term (five (5) hour and ten (10) hour) parking rate at ten cents per hour.  Motion carried unanimously.                                                       (21)

Moved by Kennedy, seconded by Hodges, to approve the wholesale water supply rates at $1.82/thousand gallons.  Motion carried unanimously.                    (22)

Mayor Henry called a public hearing on the proposed amendment to the 2000 City Budget for the golf course.

Mike Wildgen, City Manager, said the City, based upon limited experience last year, under-budgeted the amount for commodities to be sold in the Pro Shop.  This budget increase of $39,510.00 would allow the purchase additional items to be sold in the concession area.  The revenue was there and the City needed to take this action to have the authority to spend the money. 

Upon receiving no public comment, it was moved by Hodges, seconded by Rundle, to close the public hearing.  Motion carried unanimously.                                                         Moved by Rundle, seconded by Kennedy, to place on first reading Ordinance No. 7255, amending the 2000 City Budget for the golf course.  Motion carried unanimously.                                                                                                                (23)

Steve Phillips, Black & Veatch, presented the report on awarding the Wastewater Plant Expansion Project to Danis Environmental Industries, Inc.  Bids were received and opened on June 27, 2000.  Danis was the low bidder at $38,950,000.00 with Dicarlo Construction presenting a bid of $40,700,000.00.  After a thorough review of the contractor’s credentials, Black & Veatch recommended approving Danis as the contractor.  In a meeting with the contractor and City staff, the project was reduced by approximately $1,400,000.00.  Black & Veatch recommended awarding the bid to Danis Environmental Industries for $37,511,360.00.  Danis broke the project into fifteen (15) separate packages with eight (8) of those packages being done by local contractors.  They had an MBE/WBE participation of nine percent (9%).  The contractor was capable of doing the work and the pricing was reasonable for the work to be completed.

          

Moved by Rundle, seconded by Hodges,  to waive the engineer’s estimate and award the bid to Danis Environmental Industries for $37,511,360.00 as per Black & Veatch’s recommendation for the expansion of the Wastewater Treatment Plant. Motion carried unanimously.                                                                                                (24)

Mike Wildgen, City Manager, said the current revolving fund loan from the Kansas Department of Health and Environment was approved for $42,170,000.00.  The current total project cost estimate was $44,800,000.00.  The Kansas Department of Health and Environment has indicated they would agree to increase the loan amount by the required $2,677,360.00 to makeup the difference.  Staff recommended authorizing the City to increase the loan by that amount.

Moved by Rundle, seconded by Hodges, to authorize the City to increase the loan amount for expansion of the Wastewater Treatment Facility through the Kansas Water Pollution Control Revolving Loan Fund Program.  Motion carried unanimously.(25)

Mike Wildgen, City Manager, presented a report on the cost of the Septage Receiving Facility.  During review of the contract with Danis,  the cost for the Septage Receiving Facility was found to be $254,244.00.  This cost was considerably less than the $575,000.00 estimated by Black & Veatch.  Based upon the cost of the Septage Disposal Facility, the septage disposal rates would change.  He presented a reconfigured rate plan based upon the actual construction cost.  Wildgen recommended that Black & Veatch review this reconfigured rate plan which would lower the cost for septage and chemical waste rates.  These rates were scheduled to go into affect in September 2000. 

The City Commission concurred and directed staff to have Black & Veatch bring a modified rate plan back to the City Commission for their approval prior to implementation and direct staff to present this information to the Douglas County Commission.                                                                                                                           (26)

Julie Wyatt, Environmental Inspector, presented the staff report on the status of 2710-2712 University Drive.  Most of the exterior repairs to these properties were completed with the exception of a garage door at 2712 University Drive.  The only exterior work to be done was the yard needed to be cleaned of construction debris, grading in the yard to prevent further erosion, and removal of over grown weeds and brush.  Interior work had also begun.  She requested the contractor and owner submit a written schedule of the remaining repairs.

                Dan Dannenberg, 2702 University Drive, representing the Brookhollow Homeowner’s Association, said this property was first brought to the attention of the City in February of 1998.  Over two and one-half (2 ½ ) years later, this problem was not yet resolved.  He expressed a concern and frustration over the amount of time it took for the property to be rehabilitated.   Dannenberg said there has been a roll-off container on this property for over a month which has created not only an eye sore, but also a hazard for the neighborhood.  It should be the property owner’s responsibility to take care of these issues.

Hodges said the property should be clean immediately.

Rundle asked for a timeline for the completion of the project.

Wyatt said in April, the contractor estimated sixty (60) days for completion.  They were behind schedule.

Rundle asked what was an appropriate timeline for completion of all repairs.

Wyatt thought thirty (30) days should be sufficient time.

The City Commission concurred to direct staff to have the yard at 2710-2712 University Dr. cleaned-up within the week and the dumpster gone as quickly as possible with a status report in thirty (30) days on the properties.

Mayor Henry called a public hearing on the unsafe structure at 1218 Tennessee.

Julie Wyatt, Environmental Inspector, presented the staff report on the status of 1218 (1220) Tennessee which recommend thirty (30) days to complete rehabilitation or demolish the building.  It was her understanding the property owner intended to demolish this structure, but no apparent progress has been made since the last official inspection conducted on June 14, 2000.

Lawrence Bodle, 1218 Tennessee, said he intended to have the structure down by last fall.  But because of delays in getting a demolition permit, he could not start the work because of other priorities.  He did not want to use a bulldozer in demolishing the home because of salvage materials.   

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

Moved by Hodges, to give the property owner at 1230 Tennessee Street thirty (30) days to removed the structure.

The motion died for a lack of second.

            Moved by Rundle, seconded by Kennedy, to adopt Resolution No. 6209 ordering the structure at 1218/1220 Tennessee to be repaired or removed by November 1, 2000.  Motion carried unanimously.                                                                   (28)

Mayor Henry called a public hearing for the unsafe structure at 1201 East 13^th Street.

Julie Wyatt, Environmental Inspector, presented a time schedule for completion of the repairs from the property owner.  The timeline showed all repairs would be completed by October 25, 2000.

                Kennedy asked an estimate for repairing the building.

            Wyatt thought it would cost approximately $40,000.00.

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

Moved by Kennedy, seconded by Henry, to adopt Resolution No. 6210 ordering the structure at 1201 East 13^th Street to be repaired or removed by November 1, 2000, with a report from staff in September as to the status of the project.  Motion carried unanimously.                                                                                                              (29)

Moved by Hodges, seconded by Kennedy, to adjourn at 7:55 p.m.  Motion carried unanimously.                                                                    

 

APPROVED:

_____________________________James R. Henry, Mayor

ATTEST:

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING AUGUST 8, 2000

1.                  Ordinance No. 7241 – 1^st Reading, “No parking”, N side of 26^th, between Iowa & 27^th.

2.                  Ordinance No. 7246 – 1^st Reading, Annex (A-05-11-00) 20.38 acres, W of Folks.

3.                  Ordinance No. 7247 - 1^st Reading, Annex (A-05-09-00) 14.14 acres, N of Kaw Water Plant.

4.                  Ordinance No. 7248 – 1^st Reading, Annex (A-05-10-00) 18.186 acres, N of SLT, S of Bluestem Dr.

5.                  Ordinance No. 7249 – 1^st Reading, 50% Tax Abatement, Allen Press.

6.                  Ordinance No. 7252 – 1^st Reading, Condemnation, 2 tracts for O’Connell Rd Waterline Improvements.

7.                  Ordinance No. 7253 – 1^st Reading, Condemnation, 1 tract for Kasold Pedestrian/Bike Path, Clinton to SLT.

8.                  Ordinance No. 7240 – 2^nd Reading, Annex 10 acres, City property, located E of Wastewater Treatment Plant. 

9.                  Ordinance No. 7242 – 2^{nd t} Reading, Annex 19.07 acres, adjacent to Free State HS.

10.              Ordinance No. 7243 – 2^nd Reading, Annex 5 acres, City property, N of Oak Hill Cemetery.

11.              Agreement – KDOT, sanitary sewer main, N 2^nd .

12.              Signs – Community Interest, United Way Campaign.

13.              Site Plan – (SP-07-47-00), Neenan Co., Wholesale Plumbing Supply,1725 Haskell

14.              Site Plan – (SP-07-48-00), New parking lot, Rockledge Dr.

15.              Final Plat – (FP-05-17-00), E Hills Business Park, 28.208 acres, E of Noria Rd & N of Dg Cnty Rd. 442.

16.              Preliminary Plat – Westwood Hills.

17.              Ordinance No. 7254 – 1^st Reading, Adopting 2001 Budget

18.              Ordinance No. 7238 – 1^st Reading, make determination on property tax for 2001 Budget.

19.              Ordinance No. 7244 – 1^st Reading,  Water & Sewer rates. 

20.              Ordinance No. 7245 – 1^st Reading Deferred, ERU for stormwater utility.

21.              Ordinance No. 7237 – 1^st Reading, 5 & 10 hour parking rate at 10 cents per hour.

22.              Rates – Wholesale water supply at 1.82/thousand gallons.

23.              Ordinance No. 7255 – 1^st Reading, amend 2000 City Budget for golf course.

24.              Bid – Wastewater Treatment Plant to Danis Environmental for $37,511,360.

25.              Wastewater Treatment Facility Expansion – increase amount.

26.              Septage Receiving Rate Plan.

27.              Blight – 2710 -2712 University Dr.

28.              Blight – 1218 (1220) Tennessee

29.              Blight – 1201 E 13^th.