September 19, 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 Dunfield, seconded by Rundle, to approve the City Commission meeting minutes of September 19, 2000.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to approve claims in the amount of $1,335,226.65.  Motion carried unanimously.            

As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to approve the Drinking Establishment Licenses for The Yacht Club, 530 Wisconsin (Contingent Upon State License); Massachusetts Street Delicatessen, 941 Massachusetts (Contingent Upon State License); Plum Tree, 2620 Iowa (Contingent Upon State License); Teller’s Restaurant, 746 Massachusetts; The Hawk, 1340 Ohio; and,College Catering. 2223 Haskell Avenue, No. D34.   Motion carried unanimously.

The City Commission reviewed the bids for Lyon’s Park Project for the Parks and Recreation Department.  The bids were:

            As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to award the bid to McElhaney Fence Builders, in the amount of $14,636.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to award the sole bid to Rainbow Resurfacing Inc., in the amount of $11,395.00.  Motion carried unanimously.

The City Commission reviewed the bids for the Special Populations Van for the Parks and Recreation Department.  The bids were:

            As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to award the bid to National Bus Sales & Leasing, Inc., in the amount of $49,777.00.  Motion carried unanimously.

The City Commission reviewed the bids for a Fire Pumper Truck for the Fire/Medical Department.  The bids were:

            As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to award the bid to American La France, in the amount of $390,981.00.  Motion carried unanimously.

The City Commission reviewed the bids for Habitat Neighborhood Addition No. 4, Street, Storm Sewer and Waterline Improvements for the Public Works Department.  The bids were:

            As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to waive the engineer’s estimate and award the bid to LRM Industries, in the amount of $241,517.75.  Motion carried unanimously.

 

The City Commission reviewed the bids for Inverness Park Drainage Channel Improvements for the Public Works Department.  The bids were:

            As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to award the bid to Larkin Excavating, Inc., in the amount of $407,033.39.  Motion carried unanimously.

                As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to approve the contract with the University of Kansas Institute for Public Policy and Business Research for Economic Development Studies for the City of Lawrence support for one (1) year, in the amount of $5,710.00.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to set a bid date of October 2, 2000, 2:00 p.m., for the 900 and 1000 block of Ohio; 8^th Street, Mississippi to Michigan Streets brick.   Motion carried unanimously.

As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to reject all bids for 8^th and Pennsylvania storm sewer improvements and set a new bid date of October 10, 2000.  Motion carried unanimously.       

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 was read a second time.

As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to adopt the ordinance.  Aye:  Dunfield, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                  (1)

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 was read a second time.

As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to adopt the ordinance.  Aye:  Dunfield, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                  (2)

            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 was read a second time.

As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to adopt the ordinance.  Aye:  Dunfield, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                  (3)

  As part of the consent agenda it was moved by Dunfield, seconded by Rundle, to approve the request for a Temporary Use Permitted Upon Review (TUPR-08-32-00) for deposition of construction materials, at the southwest corner of Kasold and Clinton Parkway, September 20, 2000, for ninety (90) days, from 7:30 a.m. to 5:00 p.m., subject to the following conditions:

1.                  The excavating must be fenced off when not in operation;

2.                  A silt fence must be provided around the on-site stockpile in order to prevent erosion; and,

3.                  The on-site stockpile may not be located within the floodplain.

Motion carried unanimously.                                                                                                         (4)

As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to approve the site plan (SP-06-41-00) for Helping Hand of Goodwill, to be located at 2200 West 31^st Street, subject to the following conditions:

1.                  Execution of a Site Plan Performance Agreement;

2.                  Execution and recording of a 30’ wide cross access agreement across the Goodwill property located  15’ north of the south property line from the proposed alternative driveway extended to the east property line [as shown on page 1a of the Site Plan0, and a copy to be provided by staff;

3.                  Provision of a note on the face of the Site Plan that states that the northern portion of then lot shall be returned to a pervious surface on or before September 19, 2003 unless otherwise Site Planned for another use;

4.                  Provision of a Revised Site Plan to include the following:

a.                  A note which states “ The existing driveway location is interim and shall be relocated and reconstructed in association with intersection improvements for Iowa and 31^st Street and Iowa”;

b.                  Provision of a note on the face of the Site Plan that states:  “New concrete curbs shall be provided, per City Code”;

c.                  Provision of a Revised Site Plan including a corrected legal description to note that the subject property is located in Section 11, Township 13 South, Range 19 East of the 6^th Principle Meridian;

d.                  Provision of a landscape summary for the interior islands;

5.                  Revise stormwater information on the Site Plan (for the approval of the City Stormwater Engineer) on include the following:

a.                  Report impervious surfaces in square feet on the face of the Site Plan in the required format.  Existing impervious must also be quantified;

b.                  Specify that the existing lumberyard, north of the parking lot, will be removed and planted to grass.  Any impervious materials that remain must be included in the impervious summary;

c.                  Show existing and proposed topography for the site; and,

d.                  Show any storm sewers adjacent to the site.

Motion carried unanimously.                                                                                                          (5)

As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to approve the site plan (SP-7-50-00) for Clinton Place Medical Office, to be located at Clinton Place and Kasold Drive, subject to the following conditions:

1.                  Provision of a Revised Site Plan depicting the following:

a.                  Removal of eastern most driveway;

b.                  Provide additional landscaping immediately south of the condenser units, south of the retaining wall;

c.                  Label 20’ easement for existing 8” water line depicted on Site Plan;

d.                  Correctly show location of 8” water line;

e.                  Provide a note stating no occupancy will be permitted until all public improvements are completed, inspected and approved;

2.                  Execution of an Agreement Not-to-Protest street, sidewalk and intersection improvements for Clinton Place and Kasold Drive;

3.                  Dedication of 10’ of pedestrian/utility easement along Kasold Drive;

4.                  Dedication of a 30’ x 30’ triangular piece of right-of-way at the northeast corner of the site (intersection of Clinton Place and Kasold Drive);

5.                  Execution of a Site Plan Performance Agreement;

6.                  Provide an execution Encroachment Agreement from William’s Natural Gas;

7.                  Provision and approval of a photometric plan, if applicable; and,

8.                  Re-recording of easement that clarifies the width of the water line easement at 20.”

Motion carried unanimously.                                                                                                          (6)

            As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to authorize distribution of Request for Proposals for bus line inspection services and ADA certification services.  Motion carried unanimously.                                                                      (7)

As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to receive the protest petition concerning special assessment benefit district, Resolution No. 6211 and No. 6212, southbound left turn lane at 22^nd and Kasold and a northbound left turn lane at Kasold and Augusta Drive and refer to staff for analysis.  Motion carried unanimously.                    (8)

As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to receive the letter from the World Company concerning possible City purchase of parking spaces as part of the World Company’s 600 block of New Hampshire facility expansion and refer the analysis for the October 3, 2000, City Commission discussion.  Motion carried unanimously.  (9)

As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to receive the letter of request for the formation of a sanitary sewer benefit district for approximately 131 acres generally northwest of Free State High School, Westwood Hills Development; and, refer to staff for analysis.  Motion carried unanimously.                   (10)

As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to adopt Resolution No. 6231, finding it advisable to improve 7^th Street from Comet Lane to Monterey Way and repealing Resolution No. 6224.                                                                        (11)

As part of the consent agenda, it was moved by Dunfield, seconded by Rundle, to adopt Resolution No. 6230, ordering the construction of 7^th Street from Comet Lane to Monterey Way and repealing Resolution No. 6225.                                                                                    (12)

Mike Wildgen, City Manager, reported the City’s water situation was at a normal level and citizens should continue to take conservation measures.  He recognized City staff’s efforts in maintaining the pumps and equipment at both water plants, while the demand for water was high. 

Bill Carswell, Chair, Lawrence Arts Commission, presented a draft of the Donated Arts Policy submitted by the Lawrence Arts Commission.  In 1998 at the request of the City Commission, the Lawrence Arts Commission reviewed a request by a local family to donate and locate an art piece (the McCormick Piece) at the Hy-Vee Store in South Lawrence.  The Arts Commission met twice to review the project and realized there was not enough information from the artist or donor.  In light of this realization, they initiated a policy that would define a process for donating art to the City.   City staff would have the opportunity to review the donated piece of art and comment.  At the City’s discretion, City staff could forward a request for review by the Arts Commission. He said the City Commission would have the final approval of the art donation.              

Rundle said the City Commission received a memo from the Parks and Recreation Department which stated they would like to be involved in placing the art piece and asked if this was a preliminary step before it came to the Arts Commission.

Carswell said the process included the City Commission forwarding the proposal to City Staff for technical and legal review or rejects donation proposal.  If City Staff approved the technical and legal review of the proposal, the City Commission would forward the proposal to Lawrence Arts Commission for an arts content review.  He said “City Staff” included all departments within the City, but assumed Parks and Recreation would be the first to receive the proposal for technical review and approval.  If any department within the City were not satisfied with the proposal, the project would be sent back to the donor for an amendment before presented to the Arts Commission.

Dunfield thought it was important for City staff to review these proposals for a number of different reasons.

Carlswell said the policy would be used to clarify who was responsible for making technical reviews or other judgments made by Boards or Commissions.

Fred DeVictor said the Arts Commission asked the Parks and Recreation Advisory Board to advise them on matters related to parks.  He asked if the Parks and Recreation Advisory Board could review this policy, before it was adopted.

Moved by Kennedy, seconded by Henry, to defer the draft Donated Arts Policy from the Lawrence Arts Commission and refer the policy to the Lawrence Parks and Recreation Advisory Board for review and approval.  Motion carried unanimously.                                      (13)  

Bill Carswell, Lawrence Arts Commission, presented the letter concerning the proposed PerCent for Arts Project for the New Children’s Wing of Lawrence Memorial Hospital. The PerCent for Arts Program uses money generated by capital expenditures within the City.  Some of that money was generated in relatively small projects that would not associate art with that project.  This past year $20,000.00 was accrued under these circumstances.  Wildgen asked the Arts Commission to review one of these small projects which was the road system at 15^th & Iowa.  After reviewing the project, it was the Arts Commission’s opinion it was not the best place for a piece of art.  Some of the members of Arts Commission suggested the proposed new Children’s Wing of Lawrence Memorial Hospital would be appropriate for a piece of public art.  The Arts Commission thought there was a strong therapeutic effect from art, especially when children were involved.  He asked the City Commission for approval.

Moved by Rundle, seconded by Kennedy, to authorize the use of funds for the proposed Percent for Arts Program.  Motion carried unanimously.                                           (14)

Leonard Zeller, Owner, Zeller Warehouse, presented a request for a revised Site Plan for the Zeller Warehouse, located at 900 North First Street.

Henry Lockard, Architect for the Zeller Warehouse, said the construction of the warehouse at 900 North 1^st Street was completed except for the access to North 1^st Street.  The right-of-way for North 1^st Street ended at the north right-of-way of North Street.  The Site Plan required 45’ x 35’ area to be paved with curb and gutters to City standards.  Zeller thought this area could be paved as a driveway using driveway standards.  The request was to pave the right-of-way as a driveway to complete the project.

Rundle asked about the likelihood of a benefit district to the south.

Mike Wildgen, City Manager, said the land to the south could be developed, but did not know when this would happen.

Lockard said the driveway standard for the approach would not affect any future extension of the street. 

Rundle asked if the driveway was required for access.

Linda Finger, Planning Director, said the site plan revision was to include an agreement not-to-protest the formation of a benefit district and did not state that as a condition.   The Site Plan showed all new streets were to meet City standards.   The use of the site did not require the driveway for access. 

Moved by Kennedy, seconded by Dunfield, to receive the request for a revised Site Plan for the Zeller Warehouse located at 900 North First Street; and, direct staff to work with the applicant to construct the driveway to City standards.  Motion carried unanimously.                (15)

Debbie Van Saun, Assistant City Manager, presented the engineering contract with Black & Veatch for $33,800.00, to provide engineering services for replacing the existing septic system at the Lawrence Municipal Airport.  The project would take approximately sixty (60) days which included a study of various options for replacement of the septic system.  She said Black & Veatch were working with two wetland consultants (Ocean Arc International and Ecological Engineering Associates).  Both firms had considerable experience and were well suited for this project.

Michael Almon, 1311 Prairie Avenue, was an advocate of advance biological wastewater treatment and was working with staff in understanding the process.  He said it seemed Black & Veatch were aware of the perimeters of the project and what was important for the design of a workable cost effective system.  He said using a hyper wetland as opposed to a conventional system would be cost effective.  

Rundle said the conventional sewer system was an attraction for development which needed to be put into context of discussing growth and development of North Lawrence.

Kennedy wanted Black & Veatch to be aware the City of Lawrence was looking at improving commercial development at the airport.

Moved by Dunfield, seconded by Kennedy, to authorize the City Manager to enter into an engineering contract for $33,800.00 with Black & Veatch to provide engineering services to study the options for replacing the existing septic system at the Lawrence Municipal Airport and provide a recommendation to the City Commission.  Motion carried unanimously.         (16)

Debbie Van Saun, Assistant City Manager, presented the report on engineering services that included surveying and platting the Lawrence Municipal Airport and providing a Storm Water Management Plan.  The project would take approximately ninety (90) days. 

Moved by Rundle, seconded by Dunfield, to authorize the City Manager to enter into an engineering contract for $59,350.00 with Bucher, Willis & Ratliff Corporation to provide engineering services that include surveying and platting the Lawrence Municipal Airport and providing a Storm Water Management Plan.  Motion carried unanimously.                            (17) 

Chris Stewart, Water Systems Engineer, presented the staff report on water service to the Airport.  As part of the planning process for the airport, the Utility Department was asked to review their existing capacity of their distribution system and compare that with the needs for fire protection at the Airport.  There was currently a twelve inch (12”) line that goes up to the turnpike entrance along north 2^nd street and extends up along north 2^nd with an eight inch (8”) line, then goes to 24 Highway and travels east to the airport.  Currently, the capacity was 700 gallons per minute which was part of the reason they installed an additional well at the airport.  Because of the improvements at the airport, the Fire Department wanted 1500 gallons per minute as a minimum for fire protection. Since that time, the Utility and Fire Department  conducted some testing on the well and determined it would produce about 2000 gallons per minute.  The first option looked at was 3500 gallons per minute and the improvements along that area would be 7500 feet of twenty inch (20”) line and 2500 feet of sixteen inch (16”) line.  If the City tried to maintain 2500 gallons per minute, it would take 10,000 feet of twelve inch (12”) and to match the existing capacity at 1500 gallons per minute it would take 10,000 feet of eight inch (8”).  Staff’s concern was the distribution system water quality.  If large lines were installed without a developed area there would bet water stagnation, chlorine residuals and poor water quality for the people in the area.  If they needed to develop additional capacity for just fire protection at the airport, they needed to install another well.  In order to do that, they needed to retain services from a Hydra Geological Firm to look at some of the issues involved in having two (2) wells in the same area producing about 1500 to 2000 gallons per minute.          

Dunfield said if the recommendation was to go with a second well, it would fold in with discussion about the wetland treatment for sanitary on the same site in an interesting way.

The City Commission concurred toreceive the report on water service to the Airport.(18)

Rick Bryant, Aviation Advisory Board Chair, presented the staff report on an update for recent meetings with FAA and Union Pacific Railroad.  He gave two (2) brief executive overviews on Funding for the airport project and the Union Pacific proposal.  With regards to funding, Bryant said they had met with the FAA four (4) times to discuss their vision of the airport, shared plans, showed diagrams, received the FAA’s input and submitted the document necessary to receive funding.  FAA funding was a 90/10 split.  The usual route was their Annual State Appropriations, which had an airport planner in the Kansas City office which only handled Kansas projects.  They were told they would not receive any money from the General Appropriation which left them with two (2) alternative funding paths from FAA.  The Aviation Investment and Reform Act for the 21^st Century (AIR-20) which was a four (4) year entitlement program, beginning in the fiscal year 2000 and ending in 2003.  It could range from $50,000.00 to $650,000.00 per airport, per year, depending on the level of funding and which carried forward Year-to-Year.    The other source was Discretionary Development Grants which was separate money divided among selected airports within the Central State Region.  House Bill 4475 listed the City as a primary recipient for development funds.  There were only three (3) airports on the list after the House version passed which were two (2) in Kansas and one (1) in Missouri.  This funding was available October 1, 2000.  The last line of funding was from the State of Kansas.  All funding was on a 50/50 split which was not as generous as the FAA, with a limit of $500,000.00.  He said their projects were on file and continued to roll forward. 

The Union Pacific Railroad contacted the Aviation Board to discuss a proposal to eliminate their existing route which was south of Midland Junction, curved passed the Visitors Center and headed east.  The purpose of the elimination was the trains would not need to slow from 60 to 30 miles per hour as they cross through Lawrence, and  would eliminate 19 to 20 rail crossings.  The volume of the railroad would double within the next four (4) to five (5) years.  They averaged 80 trains a day through Lawrence right now and were projecting in three (3) to five (5) years they would be average 130 to 150 trains per day.  Anything Union Pacific Railroad could do to shorten their path would increase their efficiency and was profitable to them.  They were trying to be good corporate citizens with the City of Lawrence.  The proposal would start at Midland Junction (working route) and would bisect the north end of the airport property just inside mud creek and follow the route, exit out north and east of Grant School, curve around the old steel plant, tie into the mainline underneath I-70 and exit south to Kansas City. In conversation with the FAA, they initially accepted this concept and then changed their mind because of safety issues.  If they came up with a solution to satisfy FAA safety requirements, they would be in good shape for the project to go through.  There were several benefits to the airport if they used this concept.  

Henry asked if in the planning process that was going to be presented to the FAA, would  include a solution to the object free zone.

Bryant said “yes.” 

Dunfield said since this involved railroads and highways, was their other people they should contact such as KDOT, who would have more of an interest in the coordination of different modes of transportation then the FAA.

Bryant said “yes.”   

Rundle asked if the railroad indicated they had talked to KDOT.

Bryant said “no”, but the consultant was attempting to set up a meeting with KDOT.

The City Commission concurred toreceive the staff report on the update for recent meetings with FAA and Union Pacific Railroad.  Motion carried unanimously.                        (19)

 

 

Moved by Kennedy, seconded by Dunfield, to adjourn at 8:00 p.m.  Motion carried unanimously.      

  

 

APPROVED:

_____________________________

James R. Henry, Mayor

ATTEST:

___________________________________                                                                        

Raymond J. Hummert, City Clerk

COMMISSION MEETING SEPTEMBER 19, 2000

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

2.                  Ordinance No. 7266 – 2^nd 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 – 2^nd Reading, “bus loading zone”, W side of Louisiana from point 460’ S of 19^th to point 300’ N or 21^st.

4.                  TUPR – (TUPR-0832-00), deposition of construction materials at SW corner of Kasold & Clinton Pkwy.

5.                  Site Plan – (SP-6-4-00), Helping Hand of Goodwill, 2200 W 31^st.

6.                  Site Plan - (SP-7-50-00), Clinton Place Medical Office, Clinton Pl & Kasold Dr.

7.                  RFP – Bus Line Inspection Services & ADA Certification Services.

8.                  Petitions – Protest petitions on special assessment benefit district, Res No. 6211 & 6213, S bound left turn lane, 22^nd & Kasold & N bound left turn lane, Kasold & Augusta.

9.                  Parking Spaces – World Co., 600 Blk of New Hampshire facility expansion.

10.              Benefit District formation request – sanitary sewer, 131 acres, NW of Free State H.S.

11.              Resolution No. 6231 – Find advisable to improve 7th St., Comet Ln to Monterey Way and repeal Resolution No. 6224.

12.              Resolution No. 6230 – Ordering the construction of 7^th St., Comet Ln to Monterey Way and repeal Resolution No. 6225.

13.              Draft Donated Arts Policy – Lawrence Arts Commission. (Defer)

14.              PerCent for Arts Program – Lawrence Arts Commission.

15.              Site Plan – Request for revision, Zeller Warehouse, 900 N 1^st.

16.              Lawrence Municipal Airport – Engineering contract, Black & Veatch for $33,800 to replace existing septic system.

17.              Lawrence Municipal Airport – Engineering contract, Bucher, Willis & Ratliff, to survey & plat & provide a Storm Water Mgmt Plan.

18.              Lawrence Municipal Airport – Water service.

19.               Union Pacific Railroad – Meetings with FAA.