September 12, 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, Kennedy and Rundle present.  Hodges was absent.    

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the City Commission meeting minutes of September 5, 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 $2,519,217.96 and payroll from August 27, 2000 to September 9, 2000 in the amount of $1,121,650.84.  Motion carried unanimously.            

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the Drinking Establishment Licenses for Kansas Alumni Association, 1266 Oread; Pachamama’s, 2161 Quail Creek Drive; Pat’s Blue Rib’n Barbeque, 1618 West 23^rd Street, Johnny’s Tavern, 401 North 2^nd Street; Royal Peking Restaurant, 711 West 23^rd Street, Ste: 24; and the Retail Liquor License for Cork & Barrell, 2000 West 23^rd Street.  Motion carried unanimously.

The City Commission reviewed the bids for Centennial Park Improvements (West side) 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 $207,439.93.  Motion carried unanimously.

The City Commission reviewed the 2000 Water Line Improvement Project 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 Clisso Company in the amount of $310,691.00.  Motion carried unanimously.

                As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to set a bid date of October 3, 2000, 2:00 p.m., for the Lawrence Arts Center building located in the 900 block of New Hampshire.  Motion carried unanimously. 

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to place on first reading Ordinance No. 7265, establishing “no parking” from 7:00 a.m. to 5:00 p.m., Monday through Friday, along the east side of Alabama Street between 2^nd and 3^rd Streets.  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. 7266, establishing “no parking” along the south side of 19^th Terrace between Emerald Drive and Naismith Drive; along the east side of the street located east of Crestline Drive and north of University Drive, between University Drive and the cul-de-sac, across from Regency Place in the Meadowbrook Apartment Complex; along the west side of Louisiana Street, from 19^th Street south 460 feet, and from 21^st Street north 300 feet.  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. 7267, establishing a “Bus Loading zone” along the west side of Louisiana Street from a point 460 feet south of 19^th Street to a point 300 feet north of 21^st Street.  Motion carried unanimously.                                                                                                     (3)

Ordinance No. 7264, designating George Williams Way from 6^th to 15^th Streets as a collector street 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, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                  (4)

Ordinance No. 7262, authorizing the execution of a loan agreement between the City and State of Kansas (via KDHE) for the purpose of obtaining a loan from the Kansas Water Pollution Control Revolving Fund, and approving certain documents in connection with the revised loan 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, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                 (5)

 As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the Planning Commission’s recommendations to approve the annexation (A-06-13-00) request of approximately 27.143 acres generally located south of Harvard Road, west of Legends Drive (extended); and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                                                     (6)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-06-28-00) of approximately 3.742 acres from M-1 (Research Industrial District) to RS-2 (Single-Family Residence District), property generally located south of Harvard Road, west of Legends Drive (extended); and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                (7)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-06-29-00) of approximately 27.143 acres from A (Agricultural District) to RS-2 (Single-Family Residence District), property generally located south of Harvard Road, west of Legends Drive (extended); and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                         (8)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-06-26-00) of approximately 26.570 sq. ft. from M-2 (General Industrial)  and M-3 (Intensive Industrial) to C-4 (General Commercial District, property located northwest of the intersection of North 2^nd and Lincoln Streets, commonly known as 161 Lincoln/601 North 2^nd; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                                                                  (9)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the Planning Commission’s recommendations to approve the annexation (A-06-14-00) request of approximately 33.702 acres generally located south of the Kansas Turnpike and west of Kasold Drive, County Road 438; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                                        (10)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-06-31-00) of approximately 16.029 acres from A (Agricultural District) to RS-2 (Single-Family Residence District), generally located south of the Kansas Turnpike and west of Kasold Drive, County Road 438; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                           (11)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-06-30-00) of approximately 17.673 acres from A (Agricultural District) to RM-D (Residence-Duplex District), generally located south of the Kansas Turnpike and west of Kasold Drive, County Road 438; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                              (12)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-07-32-00) of approximately 1.065 acres from M-2 (General Industrial) to C-3 (Central Commercial District),  property located north of 7^th Street, between New Hampshire and Rhode Island Streets; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                              (13)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the Planning Commission’s recommendations to approve the Final Plat (RP-07-04-00) for The World Company Addition No. 1, a 4-lot replat of the 600 block of New Hampshire Street, specifically odd numbered lots 1-19 and even numbered lots 6-20 on New Hampshire Street; Levee Lots 16, 17,. 18; and all that portion of the vacated alley lying north of said Lot 6 on New Hampshire Street, Original Townsite containing approximately 2.907 acres, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Provision of a revised Final Plat to show right-of-way for 6^th Street as noted in the review comments;

2.                  Provision of a revised Final Plat to note the existing width of the adjacent alleys;

3.                  Provision of a document to show the location of all public and private utilities on and adjacent to the subject property;

4.                  Provision of a Revised Final Plat to relocate the interior lot line between Lots 1 and 2 of Block 1 to coincide with the locations of a common building walls prior to the consideration of the Final Plat by the City Commission;

5.                  Execution of a Temporary Utility Agreement;

6.                  Execution of an agreement not-to-protest the formation of a benefit district for street/sidewalk improvements and pedestrian amenities for New Hampshire Street and 7^th Street; and,

7.                  Provision of the following fees and recording documentation:

a.                  Copy of paid property tax receipt;

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

c.                  Provision of a Master Street Tree Plan.

Motion carried unanimously.                                                                                                                             (14)

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 Nancy O’Connell, 626 Alabama.  Motion carried unanimously.                                                                                                                   (15)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the modification to a Land Lease Agreement with Bowersock Mills and Power Company extending the current land lease to April 5, 2027.  Motion carried unanimously.            (16)

The City Commission reviewed the bids for General Obligation Bond, Series 2000-B in the amount of $2,455,000.00.  The bids were:

Moved by Rundle, seconded by Dunfield, to award the bid for General Obligation Bonds, Series 2000-B in the amount of $2,455,000.00 to Country Club Bank at an average net interest rate of 4.540401%.  Motion carried unanimously.                                                         (17)

Mayor Henry requested declaring an emergency to adopt on first and second reading, Ordinance No. 7268, issuing $2,455,000.00 in General Obligation Bonds, Series 2000-B.

Moved by Rundle, seconded by Dunfield, to declare an emergency and adopt on first and second reading, Ordinance No. 7268, issuing $2,455,000.00 in General Obligation Bonds, Series 2000-B.  Aye:  Dunfield, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                               (18)

The City Commission reviewed the bids for General Obligation Bond, Series 2000-C in the amount of $560,000.00.  The bids were:

Moved by Rundle, seconded by Dunfield, to award the bid for General Obligation Bonds, Series 2000-C in the amount of $560,000.00 to A.G. Edwards at an average net interest rate of 4.787%.  Motion carried unanimously.                                                                         (19)

Mayor Henry requested declaring an emergency to adopt on first and second reading, Ordinance No. 7269, issuing $560,000.00 in General Obligation Bonds, Series 2000-C.

Moved by Rundle, seconded by Dunfield, to declare an emergency and adopt on first and second reading, Ordinance No. 7269, issuing $560,000.00 in General Obligation Bonds, Series 2000-C.  Aye:  Dunfield, Henry, Kennedy and Rundle.  Nay:  None.  Motion carried unanimously.                                                                                                                                (20)

The City Commission reviewed the bids for General Obligation Temporary Notes, Series 2000-II in the amount of $3,155,000.00.  The bids were:

Moved by Rundle, seconded by Dunfield, to award the bid for General Obligation Temporary Note, Series 2000-II in the amount of $3,155,000.00 to U.S. Bancorp Piper Jaffrey at an average net interest rate of 4.393830%.  Motion carried unanimously.                          (21)

Moved by Rundle, seconded by Dunfield, to adopt Resolution No. 6229, authorizing the issuance of $3,155,000.00 in Temporary Notes.  Motion carried unanimously.         (22)

Moved by Rundle, seconded by Dunfield, to adopt Resolution No. 6227, prescribing the form and detail of and authorizing the delivery of $2,455,000.00 in General Obligation Bonds, Series 2000-B.  Motion carried unanimously.                                                                  (23)

Moved by Rundle, seconded by Dunfield, to adopt Resolution No. 6228, prescribing the form and detail of and authorizing the delivery of $560,000.00 in General Obligation Bonds, Series 2000-C.  Motion carried unanimously.                                                                            (24)

Fred DeVictor, Director, Parks and Recreation, presented the staff report on the proposed increased fees for Eagle Bend Golf Course for the 2001 Budget.   The proposed fees, effective January 1, 2001, was ten dollars ($10.00) for nine (9) hole weekday; twelve dollars ($12.00) for nine (9) hole weekend; fifteen dollars and fifty cents ($15.50) for eighteen (18) hole weekday; eighteen dollars ($18.00) for eighteen hole weekend; and, eleven dollars and fifty cents ($11.50) per seat for eighteen (18) hole cart rental on the weekend.

Moved by Kennedy, seconded by Rundle, to approve the increased fees for Eagle Bend Golf Course for the 2001 Budget.  Motion carried unanimously.                                (25)

Julie Wyatt, Environmental Inspector, presented the staff report on the status of 2710-2712 University Drive.  The dumpster was recently pulled for the final time, outside clean-up was completed and the sheet rock finished.

Kennedy asked if the proposed time frame by the contractor was followed.

Wyatt thought the contractor was on schedule.

Kennedy stated the contractor had some problems receiving payment from the property owner and the contractor could not be expected to do the work without being paid.

Henry asked about the vegetation in the back yard.

Wyatt said she would review that situation and possibly send a weed letter to the property owner.

Dan Dannenberg, 2702 University Drive, said the project was not on schedule.  The City began looking at this property over two (2) years ago.  He urged the City Commission to review the process for handling this type of situation.

David Holyrod presented and reviewed the copy of the Litter Ordinance.  He said staff had the authority to site both the property owner and tenant for litter in yards.  He thought enforcement of current ordinances could speed things up.

Rundle suggested looking at other communities on how they handled blighted properties.  He thought other communities could repair and paint the properties and then assessed the property owner for the improvements.

Mike Wildgen, City Manager, said staff would present a report on the current process and the process in other communities.

  Henry requested the vegetation in the back yard be reviewed and appropriate action taken.                                                                                                                                                 (26)

Mike Wildgen, City Manager, presented the staff report on City acquisition of approximately 48 acres, generally located west of Kasold and directly south of the Holding Basin.  The purpose for the acquisition was open space in the floodplain, property adjacent to the South Lawrence Trafficway Corridor, long-term City control, and as a buffer on the South side of a major sanitary sewer facility.  For the short-term, the land would continue to be farmed.  The forty (40) acres was initially appraised at $6,750.00.  Staff thought the appraised value was too high based upon access, zoning, annexation, and floodplain limits.   A price was agreed upon at $3,900.00 per acre.  Wildgen anticipated using Utility Department and sales tax funds to pay for the tract.

Dunfield asked about the $3,900.00 per acre cost and if that was compatible with other sales.

Wildgen said the City paid approximately $8,000.00 per acre for property north of Free State High School and the cost of land for the Inverness Park project was significantly higher.  He thought the price was good.  

Moved by Kennedy,  seconded by Dunfield, to direct staff to proceed with the acquisition of approximately  forth-eight (48) acres, generally located west of Kasold and 31^st Street.  Motion carried unanimously.                                                                                            (27)

Rundle requested the City Commission Meeting Minutes of August 15, 2000 be  amended.  On Page No. 10, the third paragraph, the first sentence should read “Vernon Jarboe, representing neighbors in the area, said they appreciated the efforts of the applicant to work with the neighbors in reconfiguring the PRD-1 and RS-1 portions of the project.”  The original minutes read “RS-2.”

On Page No. 10, the third paragraph, the third sentence should read “He expressed a concern about the rezoning of approximately 41 acres from A to RS-1, which had a valid protest petition.  The original minutes read “RS-2.”

The motion on Page No. 12 should read “Moved by Hodges, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-05-18-00) of approximately 40.84 acres, from A (Agricultural) to RS-1 (Single-Family Residence District), property located on the west side of Wakarusa (extended north), north of North 1700 Road; and, direct staff to prepare the appropriate ordinance subject to the following conditions:”  The original minutes read “RS-2.”

The second condition of the motion on Page No. 12 should read “No street shall provide access to County Road North 1700 Road from the RS-1 District until such time that North 1700 Road is annexed and improvedto City Standards.”  The original minutes read “was annexed and developed.”

The motion on rezoning on Page No. 13 should read “Moved by Hodges, seconded by Dunfield, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-05-21-00) of approximately 3.02 acres, from A (Agricultural) to PCD-1 (Planned Commercial District), property located south of North 1700 Road, midway between East 1000 Road and East 1100 Road; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.”  The original minutes had “PRD-1, (Planned Residence District).”

Moved by Rundle, seconded by Kennedy, to amend the City Commission Meeting Minutes of August 15, 2000 as requested.  Motion carried unanimously.                                        (28)

Moved by Dunfield, seconded by Kennedy, to adopt the City Commission Meeting Minutes of August 15, 2000 as amended.  Motion carried unanimously.                                         (29)

The City Commission concurred to set a study session with the HAND Advisory Committee on November 8, 2000 at 9:00 a.m.

Bill Dempsey, 1909 Jenny Wren, said a petition was filed with the City Clerk’s Office protesting the benefit district for the turn lanes at 22^nd and Augusta.  Over seventy-five percent (75%) of the resident owners signed the petition opposing these improvements and eighty-three percent (83%) of the non-resident owners signed the petition.  The residents were not in opposition to the project, and enhancing traffic safety, they thought the improvements should be paid for by the City-at-Large.  It was City-at-Large traffic that caused problems in the area.

Mike Wildgen, City Manager, said the petition would be on the City Commission’s Agenda next week to be received and referred to staff for a report.                                (30)

Robert Casad, 811 New Jersey, said the process for disconnecting water users was flawed.  He reviewed the Ordinance with the City Commission.  He made several suggestions to improve the process including to make the written notice of turn-off more conspicuous; specifically identify the date water service would be discontinued; and, and clearly state the right to a hearing.  Casad said if there was a connection fee on his next water bill, he would file a class action suit against the City for not following its process.

Mike Wildgen, City Manager, said the appeal rights in the notice could be improved and staff was working on those improvements.  Staff would keep the City Commission informed of the responses to Casad’s concerns.

Moved by Kennedy, seconded by Dunfield, to adjourn at 7:18 p.m.  Motion carried unanimously.      

  

APPROVED:

_____________________________

James R. Henry, Mayor

ATTEST:

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING SEPTEMBER 12, 2000

1.                  Ordinance No. 7265 – 1^st Reading, “no parking”, 7 am-5 pm, Mon-Fri, E side of Alabama between 2^nd & 3^rd. 

2.                  Ordinance No. 7266 – 1^st Reading, “no parking”, S side of 19^th Terr. between Emerald & Naismith; along E side of street located E of Crestline & N of Unviersity Dr, between University & cul-de-sac; along W side Louisiana, from 19^th S 460’ & 21^st  N 300’.

3.                  Ordinance No. 7267 – 1^st Reading, “bus loading zone”, W side of Louisiana from point 460’ S of 19^th to point 300’ N or 21^st.

4.                  Ordinance No. 7264 – 2^nd Reading, designate George Williams Way from 6^th to 15^th as a collector.

5.                  Ordinance No. 7262 – 2^nd Reading, loan agreement with City & State, KS Water Pollution Control Revolving Fund.

6.                  Annexation - (A-06-13-00), 27.143 acres, S of Harvard, W of Legends (extended).

7.                  Rezone – (Z-06-28-00), 3.742 acres, M-1 to RS-2, S of Harvard, W of Legends (extended).

8.                  Rezone - (Z-06-29-00), 27.143 acres, A to RS-2, S of Harvard, W of Legends (extended)

9.                  Rezone – (Z-06-26-00), 26.570 sq. ft., M-2 & M-3 to C-4, NW of intersection of N 2^nd & Lincoln.

10.              Annexation – (A-06-14-00), 33.702 acres, S of KS Turnpike & W of Kasold.

11.              Rezone – (Z-06-31-00), 16.029 acres,  from A to RS-2, S of KS Turnpike & W of Kasold.

12.              Rezone – (Z-06-30-00), 17.673 acres, from A to RM-D, S of KS Turnpike & W of Kasold.

13.              Rezone – (Z-07-32-00), 1.065 acres, from M-2 to C-3, N of 7^th, between New Hamp & Rhode Island.

14.              Final Plat – (RP-07-04-00), World Co., 4 lt replat, 600 Blk of New Hamp.

15.              Mortgage Release – 626 Alabama, Nancy O’Connell.

16.              Land Lease Agreement – Bowersock & Power Co., extend until 4-5-27

17.              GOB – bids, Series 2000-B for $2,455,000.

18.              Ordinance No. 7268 - 1^st & 2^nd Reading, GOB issuance of $2,455,000.

19.              GOB – bids, Series 2000-C for $560,000.

20.              Ordinance No. 7269 - 1^st & 2^nd Reading, GOB issuance of $560,000.

21.              GO/Temp Note – bids, Series 2000-II for $3,155,000.

22.              Resolution No. 6229 – authorizing the issuance of $3,155,000.00 in Temporary Notes.

23.              Resolution No. 6227 – delivery of $2,455,000.

24.              Resolution No. 6228 – delivery of $560,000.

25.              Fee Increase – Eagle Bend for 2001 Budget.

26.              Status Report – 2710-2712 University Dr.

27.              Acquisition – 48 acres, W of Kasold & 31^st.

28.              Amend City Commission meeting minutes of August 15, 2000.

29.              Adopt City Commission meeting minutes of August 15, 2000.

30.              Protest Petition – turn lanes at 22^nd and Augusta.