August 22, 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.     

The City Commission and staff from the Staff Command College at Fort Leavenworth recognized City staff for participating in an U.S. Army training exercise.

Rundle reminded everyone of the Kansas Fiddling and Picking Championships at South Park, Sunday, August 27, 2000.  He outlined the other activities for the weekend.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the City Commission meeting minutes of August 15, 2000.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to receive the Lawrence/Douglas County Health Board meeting minutes of June 19, 2000; and the Recycling and Resource Conservation Advisory Board meeting minutes of July 19, 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 $750,254.93.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the Cereal Malt Beverage License for Godfather’s Pizza, 721 Wakarusa (Contingent Upon Departmental Approval).  Motion carried unanimously.

The City Commission reviewed the bids for Police Uniforms for the Police Department.  The bids were:

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award Item No’s 1-11 to Omb in the amount of $30,860.08 and Item No. 12 to Leeco in the amount of $5,889.12, because Jay’s and Omb did not meet specifications for Item No. 12.  Motion carried unanimously.

The City Commission reviewed the bids for repair on the Roosevelt Fountain in South Park 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 B.A. Green in the amount of $57,300.00.  Motion carried unanimously.

The City Commission reviewed the bids for Centennial Park West Shelter 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 $72,817.70.  Motion carried unanimously.

The City Commission reviewed the bids for 24^th Place, Crossgate Drive to Inverness, street, storm sewer and waterline improvements 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 R.D. Johnson Excavating in the amount of $910,017.35.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the purchase of a new re-circulation pump for the Utilities Department from JCI Industries in the amount of $15,500.00 because they were the sole source municipal suppliers for the specific pump.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to set a bid date of September 5, 2000, for the 8^th and Pennsylvania Storm Sewer Improvements.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to place on first reading Ordinance No. 7258, adopting the 20000 version of the Standard Traffic Ordinance.  Motion carried unanimously.                                                                                      (1)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy,  to place on first reading Ordinance No. 7260, providing a tax abatement (Phase II) for Sauer Danfoss pursuant to City Commission direction of August 15, 2000.  Motion carried unanimously.                                                                                                                                           (2)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy,  to place on first reading Ordinance No. 7261, annexing approximately .024 acres, property generally located in the right-of-way along Wakarusa Drive, north of Clinton Parkway.  Motion carried unanimously.                                                                                                                               (3)

Kennedy asked why Stoneridge Drive from Harvard Road to Branchwood Drive was being identified as a collector street.

Mike Wildgen, City Manager, requested the City Commission defer this item for two (2) weeks for staff to respond.

Moved by Kennedy, seconded by Hodges, to defer the second reading of Ordinance No. 7250, designating Stoneridge Drive from Harvard Road to Branchwood Drive, west of Wakarusa Drive, as a collector street.  Motion carried unanimously.                                           (4)

Ordinance No. 7251, changing the name of Ironwood Drive to Legends Drive in Ironwood Addition 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.                                                                                                         (5)

Ordinance No. 7256, allowing the possession and consumption of alcoholic liquor on certain specified public property at the Lawrence Municipal Airport on September 30, 2000, between the hours of 7:00 p.m. to 12:00 midnight 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.                                                                                                         (6)

Ordinance No. 7257, revising septage facility rates based on the bid for the Wastewater Treatment Expansion 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.                                                                                                         (7)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy,  to approve Resolution No. 6215, in support of a Low-Income Housing Tax Credit Application to the Kansas Department of Commerce and Housing by Housing and Urban Real Estate, Inc.  Motion carried unanimously.                                                                                                                      (8)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve Resolution No. 6216, authorizing the temporary note and bond sale.  Motion carried unanimously.                                                                                                                                  (9)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve Resolution No. 6217, establishing September 26, 2000, as the public hearing date for the proposed improvement and benefit district for the installation of a traffic signal at Clinton Parkway and Hawthorn Drive/Hartford Drive and related improvements. Motion carried unanimously.                                                                                                                                          (10)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy,  to approve Resolution No. 6218, increasing the estimated project cost for the 27^th Street Benefit District Improvement Project to $210,000.00.  Motion carried unanimously.                              (11)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve Resolution No. 6219, increasing the estimated project cost for the Scottsdale Benefit District Improvement Project to $100,000.00.  Motion carried unanimously.                              (12)

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 Max and Sharon Martin, 904-906 Connecticut.  Motion carried unanimously.                                                                                 (13)

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 Caroline Reddrick, 627 Ohio.  Motion carried unanimously.                                                                                                                               (14)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy,  to authorize the City Commission to approve the submission of application for the Bicycle Friendly Communities Program.  Motion carried unanimously.                                                                (15)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to initiate the rezoning from M-2 to C-3, the City owned parking lot in the 600 Block of Rhode Island at the request of the Journal World.  Motion carried unanimously.                                     (16)  

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to set a public hearing date of September 26, 2000, to hear the appeal of the World Company on the Historic Resources Commission’s denial of a Certificate of Appropriateness for an overhead walk in the 600 Block of New Hampshire.  Motion carried unanimously.                                          (17)

Allen Blair, President, Old West Lawrence Neighborhood Association, presented a request from the Old West Lawrence and Pickney Neighborhood Associations, on proposed triangular curb extensions at 6^th and Alabama (south side) and 6^th and Tennessee (north side) for neighborhood signage.  The request was in an attempt to slow traffic on the State highway through two (2) neighborhoods.  The neighborhoods also wanted to reduce the speed limit in this area to thirty (30) mph.

George Williams,  Public Works Director, presented schematic drawings on how the triangles might fit in to 6^th Street.  The Kansas Department of Transportation (KDOT) had to approve any of the proposals.

Sara Taliaferro, Pickney Neighborhood Coordinator, said this was their first effort of several to provide traffic calming on 6^th Street.

Hodges had a concern with slowing traffic on one (1) of the City’s primary east/west thoroughfares.

Dunfield said slowing traffic on 6^th Street could have a detrimental impact on the neighborhoods by directing traffic to other neighborhood streets.  He saw a delicate balance.

Moved by Kennedy, seconded by Dunfield, to receive the request from the Pickney Neighborhood Association on proposed triangular curb extensions at 6^th and Alabama (south side) and 6^th and Tennessee (north side) for neighborhood signage and refer the request to the Historic Resources Commission, Traffic Safety Commission and Historic Resources Commission for their review and recommendation.  Motion carried unanimously.                    (18)

Chrisy Khatib, Alcohol Tax Advisory Board Chairman, presented the report on the Alcohol Tax Advisory Board’s recommendations for the allocation of alcohol tax revenues.

Hodges asked if the School Resource Officer Program recommendation to hold a hearing was for 2001 funds.

Khatib said the committee recommended using Alcohol Funds for the year 2001 for the school resources officer.  The hearing was to review the use of those funds for the 2002 budget year.

Rundle had a concern about the division of funds.  He said with 1/3 of the funds going into the General Fund, it shrinks the amount to be used for these types of programs.  The presentation of this issue was ducking the accountability of measurable outcomes in the evaluation of the budget.  He had a concern about police work being oriented towards delivering social services and felt the funds allocated for the officers from the Alcohol Fund were inappropriate and needed to be reduced, bringing these funds to agencies delivering these type of social services.  Rundle said the officer’s provided an important component to the schools and communities, but felt their primary function was not prevention, intervention and treatment as specified in the policy.  He was interested in looking at this issue with the school board in the future.

Moved by Hodges, seconded by Kennedy, to approve the recommendations from the Alcohol Tax Advisory Board’s for the allocation of alcohol tax revenues.  Motion carried unanimously.                                                                                                                                (19)

David Corliss, Assistant City Manager, presented Ordinance No. 7259, establishing an increase in municipal court fines and fees.

Moved by Kennedy, seconded by Rundle, to place on first reading Ordinance No. 7259, establishing municipal court fines and fees.                                                                            (20)

Dunfield informed the City Commission that he would abstain from discussion and vote on the Arts Center Project and the Redevelopment Project in the 900 Block of New Hampshire because of a potential conflict of interest.

Dale Glenn, GLPM Architects, presented the report on the Lawrence Arts Center Project.  The estimated project cost had increased by approximately $725,000.00.  This estimate was based on the most recent cost estimates for the project.  After review earlier this year, several significant cost items were eliminated.  Glenn said the proposed design achieved a good balance between economy and quality.  It was possible the building bids would be lower than the estimate.  He thought it was prudent and necessary to expect the currently authorized funds would fall short of the construction cost.

Hodges had a concern about the perception that this was not a City project.  He wanted to make sure the center was available to all citizens.  After receiving additional information from the Arts Center, he supported the increase because he saw this as an additional recreational center with an art focus.  He suggested looking at sales tax revenue for funding the increase.

Rundle supported the increase saying that the burden was on the Arts Center Staff to make sure this was truly a community resource.  He was ready to make this investment in the community.

Mike Wildgen, City Manager, said the last major project for the Recreational Master Plan was development of a Western Community Center.  Cash was being accumulated for this project.  He suggested those funds could be used for this increase.    

Moved by Hodges, seconded by Rundle, to approve the final bid documents, authorize the increase in the Arts Center budget by $725,000.00 and direct staff to proceed with bidding the project.  Aye:  Henry, Hodges, Kennedy and Rundle.  Nay:  None.  Abstain:  Dunfield.  Motion carried.                                                                                                      (21) 

David Corliss, Assistant City Manager, presented the staff report on the status of the Downtown 2000 Redevelopment Project.  He presented a map of the 900 Block of New Hampshire depicting the Land Purchase Agreement.  The City was purchasing land for the Arts Center at a cost of $390,000.00 and land for the parking garage at $405,000.00.  Staff recommended this purchase be made from City Reserve Funds.  The Reserve Fund ultimately would be reimbursed by temporary note and bond proceeds.

The cost for the parking garage totals $6,571,197.00.  The City would not bid this project, but would enter into an agreement with 9-10 LLC to build the garage.  The cost of the parking garage was confirmed by Walker Parking Consultants as a reasonable and fair market cost for other similar type facilities.  In addition, during construction Walker would review construction of the garage.

Corliss said the Redevelopment Agreement included a development fee to 9-10 LLC in the amount of $723,000.00 for Downtown Development Project Coordination, professional services and an allowance to require apartment construction at 10^th and New Hampshire.  In addition to the development fee, the City would reimburse expenses to 9-10 LLC for public improvements and related private expenses allowed by the Tax Increment Financing Law.  This amount was $830,533.00.  The developer agreed to an aggregate cap and an individual cap for each of these items.  The total Downtown 2000 City financing commitment from both TIF and General Obligation Funds total $8,559,730.00.  In addition, the Redevelopment Agreement also required the City lease the second floor of 10^th and New Hampshire at $114,072.00 per year.  The Lease Agreement provided for a tenant finish allowance of $150,000.00. 

Corliss said the final piece of the project was the Parking Mitigation Plan for First Star Bank.  He reviewed the revised Parking Mitigation Plan as proposed by the bank.  It was staff’s recommendation this was an acceptable solution to the spaces being lost by the bank.  In addition to the Bank Mitigation Plan, four (4) temporary loading zones of fifteen (15) minutes would be established on the angle parking in the center of the east side of the 900 Block of Massachusetts to mitigate temporary loading parking demands for businesses on the east side of the street.

Corliss said because of all these changes and the increase in costs, an amendment to the Redevelopment Plan could be required along with a new hearing on the amendment.

Hodges asked the difference in revenue between a hotel being built in the project and commercial sites.  He asked the time frame for the proposed hotel development.

Jeff Smalberg, 9-10 LLC, said that particular part of the project would be the last phase.  He anticipated having a year to try to find a hotel developer for the site.  The cost estimated generated for the TIF revenue was estimated on commercial activity for this site.

Hodges asked about the proposed rental cost of apartments at 10^th and New Hampshire.

Smalberg said these apartments would be loft, one (1) bedroom and possibly two (2) bedroom apartments ranging in price from $500.00 to $750.00 per month.

Hodges asked if the City needed to review the TIF revenues for the project.

Mike Wildgen, City Manager, said the TIF revenues were reviewed as part of the feasibility for the TIF project.  He did not see a need, at this time, to review those estimates.

Henry said in reviewing the Lease Agreement, he found the lease could be increased upward based upon the CPI.  He asked what the consequences were, if the CPI fell.

Corliss suggested the word “upward” be removed from the agreement.

Hodges asked the time frame for construction.

Corliss said it was estimated the parking garage would be built within three hundred (300) working days from the start of the project.

Moved by Kennedy, seconded by Hodges, to authorize the expenditure of $795,000.00 for land purchase exchange from City Reserve Funds to be reimbursed by temporary note and bond proceeds, approve revision to the Parking Mitigation Plan, and authorize the Mayor to execute the Redevelopment Agreement, Lease, Land Lease and Construction Contract conditioned upon final legal review of the documents and a new hearing on the amendment if required under the TIF Law.   Aye:  Henry, Hodges, Kennedy and Rundle.  Nay:  None.  Abstain: Dunfield.  Motion carried.

Moved by Kennedy, seconded by Rundle, to adjourn at 8:03 p.m.  Motion carried unanimously.                                                                     

APPROVED:

_____________________________

James R. Henry, Mayor

ATTEST:

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING AUGUST 22, 2000

1.                  Ordinance No. 7258 – 1^st Reading, adopt 2000 version of STO.

2.                  Ordinance No. 7260 – 1^st Reading, tax abatement (Phase II), Sauer Danfoss.

3.                  Ordinance No. 7261 – 1^st Reading, annex .024 acres, R-O-W along Wakarusa, N of Clinton Pkwy.

4.                  Ordinance No. 7250 – 2^nd Reading (Deferred), Designating as a collector street,  Stoneridge Dr. from Harvard to Branchwood, W of Wakarusa.

5.                  Ordinance No. 7251 – 2^nd Reading, Street name change, from Ironwood Dr. to Legends Dr.

6.                  Ordinance No. 7256 – 2^nd Reading, Temporary alcohol consumption allowed, Lawrence Municipal Airport, Sept 30, 2000, 7:00 pm to 12:00 midnight.

7.                  Ordinance No. 7257 –  2^nd Reading, Revise septage facility rates, effective Sept 1.

8.                  Resolution No. 6215 – Low-Income Housing Tax Credit Application to KS Dept. of Commerce.

9.                  Resolution No. 6216 – Authorize Temp Note & Bond Sale.

10.              Resolution No. 6217 – Establish Sept 26 as public hearing date for installation of traffic signals at Clinton Pkwy & Hawthorn/Hartford related improvements.

11.              Resolution No. 6218 – 27^th St increase of project cost to $210,000.

12.              Resolution No. 6219 – Scottsdale increase of project cost to $100,000.

13.              Mortgage Release – 904-906 Connecticut, Max & Sharon Martin.

14.              Mortgage Release – 627 Ohio, Caroline Reddrick.

15.              Application Submission – Bicycle Friendly Communities Program.

16.              Rezone – request from World Co., M-2 to M-3 parking lot in 600 Blk of Rhode Island.

17.              Public Hearing Date Set – Denial of Certificate of Appropriateness for overhead walk in the 600 Blk of New Hampshire.  

18.              Triangular curb extensions – 6^th & Alabama & 6^th & Tennessee.

19.              Alcohol Tax Advisory Board – allocation of alcohol tax revenue recommendations.

20.              Ordinance No. 7259 – 1^st Reading, establish municipal court fines & fees.

21.              900 Blk of New Hampshire – Downtown 2000 & Lawrence Arts Center Project.