October 3, 2000

 

The Board of Commissioners of the City of Lawrence met in regular session at 6:45 p.m., in the City Commission Chambers in City Hall with Mayor Henry presiding and members Dunfield, Hodges, Kennedy and Rundle present.   Student Commissioner May was present.

With Commission approval, the Mayor proclaimed the week of October 8 – 14, 2000 as “Kansas Family and Community Education Week”; and, October 7, 2000 as “Disabled American Veterans Forget-Me-Not-Day.”

Rundle requested the City Commission meeting minutes of September 26, 2000, be amended.  He requested his comments on Page 9 concerning Prairie Park and 31^st Street be changed to read “Rundle expressed concerns for wildlife access to Prairie Park and noted the City Commission has not had any prior discussion regarding 31^st Street.  He said the Parks and Recreation Advisory Board and the City Commission needed to address these issues before any decisions were made that might cut-off options.” 

Moved by Rundle, seconded by Kennedy, to amend the City Commission meeting minutes of September 26, 2000, as requested.  Motion carried unanimously.

Moved by Rundle, seconded by Kennedy, to approve the City Commission meeting minutes of September 26, 2000, as amended.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to receive the Traffic Safety Commission meeting minutes of September 11, 2000; the HAND Advisory Committee meeting minutes of September 14, 2000 and September 20, 2000; the Practitioner’s Panel meeting minutes of September 21, 2000; the Grant Review Board meeting minutes of September 25, 2000; the Lawrence Arts Commission meeting minutes of April 12, 2000, May 10, 2000 and June 14, 2000; and, the CVB Advisory Board meeting minutes of August 22, 2000.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve claims in the amount of $1,019,437.67.   Motion carried unanimously.                       

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the Drinking Establishment Licenses for Kasper’s Bar & Gill, 3115 W 6^th, Ste: D; and, Prairiefire, 724 Massachusetts (New License – C-3 Zoning Requirement).  Motion carried unanimously.

The City Commission reviewed the bids for a replacement mower for the Ball Diamond Crew for the Parks & Recreation Department.  The bids were:

            As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to award the bid to Turf Professionals, in the amount of $28,140.00.  Motion carried unanimously.

The City Commission reviewed the bids for Kaw Plant roof replacement for the Utilities Department.  The bids were:

            As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to award the bid to Diamond Everley, in the amount of $98,800.00.  Motion carried unanimously.

                As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to set a bid date of October 31, 2000, 2:00 p.m., for the O’Connell Waterline Improvement Project.  Motion carried unanimously.

                As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to set a bid date of October 24, 2000, 2:00 p.m., for housing rehabilitation project for 909 New York and 1832 Ohio.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to set a bid date of October 24, 2000, 2:00 p.m., for the Housing and Neighborhood Development Department Weatherization Program.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to set a bid date of October 17, 2000, 2:00 p.m., for the Neighborhood Sidewalk Repair for Barker, Locust, Mississippi, Maine, Connecticut, 9^th Street and 14^th Street.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to set a bid date of October 17, 2000, 2:00 p.m., for the Neighborhood Sidewalk Improvements for North 3^rd Street, Elm, Locust, North 7^th Street, Locust to Maple.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to place on first reading Ordinance No. 7245, establishing the Equivalent Residential Unit (ERU) rate for stormwater utility at three dollars ($3.00) for 2001 and four dollars ($4.00) for 2003.  Motion carried unanimously.                                                                                                              (1)

                Ordinance No. 7273, establishing rates for 30 minute parking and allowing for the establishment of temporary loading zones which implements portions of the parking mitigation plans during the construction of the 900 block of New Hampshire parking garage was read a second time.  

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

            Ordinance No. 7265, designating Grand Vista Drive, Legends Drive, O’Connell Road, Ousdahl Road from 31^st to 33^rd, Research Park Drive, and Stoneridge Drive as collector streets and to amend the schedule.  Motion carried unanimously was read a second time.

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

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to adopt Resolution No. 6232, establishing the hearing date for the proposed special assessment benefit district for the traffic signal and related geometric improvements at Clinton Parkway and Hawthorne/Hartford. Motion carried unanimously.                                                                          (4)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the site plan (SP-5-31-00) for a new cabinet shop and warehouse at 2332 Haskell Avenue, subject to the following conditions:

1.                  A Site Plan Performance Agreement be executed; (Per Section 20-1433);

2.                  Revise the Site Plan to include the following information:

a.                  Revise curb/gutter note to include, “around entire lot”; and,

b.                  Continuous landscaped screening on the west side of the parking lot.

3.                  Approval of a photometric plan per Sec 20-14A03;

4.                  Installation of a fire hydrant prior to construction.  Fire hydrant location must be shown on Site Plan; and,

5.                  Public improvement plans for the storm drainage system must be submitted to the Public Works Department for review prior to release of the plan to the building inspector.           

Motion carried unanimously.                                                                                                          (5)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to authorize the Mayor to sign a Subordination Agreement for Susan Church, 3010 Harvard Road.  Motion carried unanimously.                                                                                                          (6)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to authorize the City Manager to execute an agreement with Black & Veatch Consulting Engineers for evaluation of possible Sprint lease at Fire/Medical Station No. 3 Water Tower, in the amount of $11,600.00 Motion carried unanimously.                                                                                     (7)

            As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the staff report that the protest petition for the special assessment benefit district and improvements at 22^nd and Kasold, southbound left turn lane on Kasold and northbound left turn lane at Kasold and Augusta was valid and the benefit district was declared inoperative.  Motion carried unanimously.                                                                                                        (8)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the Traffic Safety Commission’s recommendation to establish “no parking” along the west side of Rhode Island, between 19^th and 20^th Streets and direct staff to prepare the appropriate Ordinance.  Motion carried unanimously.                                                        (9)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the Traffic Safety Commission’s recommendation to deny the request for signage at the intersection of 29^th and Kensington Road, and to encourage the neighborhood to review various traffic calming devices and bring back at a later date, if desired.  Motion carried unanimously.                                                                                                                                          (10)

            As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the recommendation from the Airport Advisory Board to select Airport Development Group for contract negotiations for capital improvement projects at the Lawrence Airport with negotiations commencing once funding was secured for these projects from the FAA.  Motion carried unanimously.                                                                                                                               (11)

Mayor Henry called a public hearing on the proposed vacation of a utility easement located at 3910 West 13^th Street.

David Corliss, Assistant City Manager, presented the staff report on the proposed vacation of a utility easement located at 3910 West 13^th Street which recommended approval of the vacation.  This easement was obtained for construction of a sanitary sewer in Western Hills and was no longer needed based upon the actual design of the project. 

Upon receiving no public comment, it was moved by Hodges, seconded by Rundle, to close the public hearing.  Motion carried unanimously.                                                        

Moved by Dunfield, seconded by Hodges, to approve the Order of Vacation for a utility easement located at 3910 West 13^th Street and authorize the Mayor to sign the vacation order.  Motion carried unanimously.                                                                                            (12)

 Mayor Henry called a public hearing on the proposed vacation for platted building setback lines in the 800 block of Avalon Road.                            

David Corliss, Assistant City Manager, presented the staff report on the proposed vacation for platted building setback lines in the 800 block of Avalon Road which recommended approval of the vacation.  This was a unique situation in which the setbacks were shown on the plat.  Since there were zoning regulations concerning this matter, the platted setbacks were not needed.  The property owners on Avalon Road were requesting the elimination of the platted setback.

Sylvie Rueff, 818 Avalon Road, supported the vacation of the platted setback lines because they were redundant to the Lawrence City Code which required twenty-five (25) front yard setbacks.  For her property, she has received a variance from the Board of Zoning Appeals.    

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

Moved by Kennedy, seconded by Rundle, to approve the Order of Vacation for platted building setback lines in the 800 block of Avalon Road and authorize the Mayor to sign the vacation order.  Motion carried unanimously.                                                                 (13)

George Williams, Public Works Director, presented the Traffic Safety Commission’s recommendation to establish “no parking” along the south side of Congressional Place.  Staff recommended removal of parking in this area and the Traffic Safety Commission voted four (4) to two (2) to approve the “no parking.”

Moved by Dunfield, seconded by Kennedy, to concur with the Traffic Safety Commission recommendation to establish “no parking” along the south side of Congressional Place and direct staff to prepare the appropriate Ordinance.  Motion carried unanimously.    (14)

Mike Wildgen, City Manager, said the reason Brown Bear Brewing Company was on the City Commission agenda was to report on the Sidewalk Dining License.  Staff was recommending removal of the fence work because Brown Bear was not meeting the 70% non-alcoholic sales requirements.  The railing has been removed and the sidewalk patched.  Staff would notify the Brown Bear to monitor the condition of the sidewalk, especially during the freeze and thaw cycles of the winter.

Carol Francis, owner of the property, supported the removal outdoor dining area.

Moved by Kennedy, seconded by Dunfield, to approve the Drinking Establishment License for Brown Bear Brewing Co.  Motion carried unanimously.                                               (15)

Mayor Henry called two (2) public hearings concerning the proposed pedestrian walkway for the World Company Campus Site in the 600 block of New Hampshire

The City Commission was holding a public hearing pursuant to K.S.A. 75-2724 and a public hearing pursuant to Section 22-504 of the Code of the City of Lawrence.

Dennis Enslinger, Planner, said the Historic Resources Commission met on August 17, 2000, and reviewed the proposed Journal World Campus Project for the 600 Block of New Hampshire.  The Commission conditionally approved several phases of the proposed development including an addition to the old post office; mailroom addition with connection to the old post office; and, the sunflower cable addition/renovation project.  The Commission voted seven (7) to zero (0) that the proposed elevated pedestrian/walkway would encroach upon, damage or destroy the environs of the Consolidated Barb Wire Building and the Eldridge Hotel based upon their findings of fact. They concluded the proposed elevated pedestrian/walkway introduced a building form which was not found in the environs of the listed property and does not meet the guidelines they were using to determine appropriateness.   Based upon the Historic Resources Commission’s findings of fact, they denied the Certificate of Appropriateness for the proposed overhead pedestrian/walkway because it encroached upon the environs of the J.B. Chain/Shane-Thompson Studio and/or the landmark property itself located at 619 Massachusetts.  The notice to the public for this hearing indicated that interested parties could provide written comment to the City Commission. Staff has not received any written comment. The State Historic Preservation Office concurred with the recommendation of the Historic Resources Commission concerning the proposed walkway.

Rundle asked if the City Commission’s decision making was narrow in its scope concerning environs. 

Enslinger said the scope of the Historic Resources Commission was limited.  The City Commission could take into consideration other factors in reviewing the proposed project.    Both the City Code and State Statutes allowed the City Commission to consider all relevant information when determining if this portion of the project should proceed. The City Commission, based on the consideration of all relevant factors must determine that there was no feasible and prudent alternative to the proposal and the program included all possible planning to minimize harm to the historic properties.

Ralph Gage, World Company, said in relation to the Historic Resources recommendation for denial of the proposed walkway, the HRC applied the wrong standards and therefore reached the wrong conclusion.  The HRC approved the proposed project except for the overhead walkway.  To deny the proposed walkway, the HRC used standards to judge the property that were not defined prior to their review.  The decision was based upon a presumed non-compatibility generally found in the Downtown area.  If projects were to be judged against a set of standards, those standards should be made before the review.  The standards for review were not defined.

Gage said the World Company was proposing a multi-phased campus renovation and addition plan.  The World Company has been a member of the Lawrence Community since the late 1800’s and always had a presence in Downtown Lawrence. They employed over five hundred (500) employees.  The World Company was proud to be a growing company in a growing community.  When the World Company proposed to develop a campus at 6^th and Wakarusa, it envisioned the same type on amenities that were available to its employees Downtown.  Because of recent developments Downtown, the World Company was able to develop a plan to expand at its present location.  He reviewed with the City Commission the proposed project and the phasing of the work.  An important part of this project was the overhead pedestrian walkway which would connect the cablevision building to the post office addition.  This walkway would allow for secure and safe pedestrian traffic from the building on the west side of New Hampshire to the cable vision building.  This would allow reporting staff access from their offices to the studio on the east side of New Hampshire and employee staff access to parking.  Gage said precedence exist for the overhead walkway with walkways being primary entrances to the Riverfront Plaza, the Consolidated Barb Wire Factory, previous building associated with the Bower Sock Mill Company, and the connection between buildings at Reuter Organ.  This was a unique situation in that the World Company owned or controlled all the properties within the project area.  He did not think setting precedent was an issue.

Bo Harris, Contractor, reviewed the tunnel alternative and the pedestrian walkway.  He reviewed the various design features of both alternatives and the associated costs.  The estimated cost for the bridge was $367,600.10 with the tunnel cost estimated to be $1, 163,300.74.

Hodges asked how long New Hampshire Street would be closed with the various alternatives. 

Harris said they anticipated the tunnel to take about ninety-two (92) work days with New Hampshire closed about seventy-five (75) of those days.  The bridge would take approximately seventy (70) days of construction with New Hampshire closed ten (10) working days.  The tunnel was not a feasible and prudent alternative because of the proposed street closing, the shoring and under pinning needed for the buildings, the location of cables from the cable vision building, unforeseen conditions in the tunneling project, and costs.

Mike Treanor, architect for the project, said the Historic Resource Commission denied the overhead walkway because of the impact it would have on the listed properties.  He noted the project could not be seen from the Eldridge Hotel or Quinton’s and only from the Barb Wire Building, from its walkway.  This area of northeast Downtown was at one time the industrial center for Lawrence.  Precedent was set by connecting these types of industrial buildings with overhead walkways.  Treanor said there was a need to physically attach the various buildings of the project.  He referred the City Commission to the Union Station Project in Kansas City where a walkway was built for pedestrians to that facility.  They found the location of the walkway entering from the side had no impact on the frontal facade of the building.  In addition, they conceptualized the entrance of pedestrians to the facility by bridges was the same as trains brining pedestrians.

Gage summarized the presentation by stating there was no feasible or prudent alternative to the overhead walkway proposal.  For many reasons, a tunnel was not feasible.

Pat Kehde, 1636 Learnard. Downtown business owner, opposed the overhead walkway.  She thought it would set a bad precedent for the area and was not esthetically compatible.  The other bridges identified by the World Company were not bridges over a public street.  This was going to be a private bridge over a public street.  Kehde noted the bridges in Kansas City to Union Station were public walkways.  By approving this proposal, it would be difficult for the City Commission to say “no” to future bridges.  She could envision a proposal from the Arts Center for an overhead walkway from the Arts Center to the proposed parking garage across the street.

Martin Moore, 3108 Campfire Court, supported the project.

Rundle asked Moore how long New Hampshire would be closed for the 9/10 Project.

Moore said possibly up to one (1) year.

Marci Francisco, 946 Ohio, was pleased the Journal World made a decision to remain in the Downtown area.  She commended the Journal World for using and improving existing historical buildings.  The community was not going to be loose its basic historical fabric of the Downtown area with this project.

Dave Livingood, President, Downtown Lawrence Inc., supported the overhead walkway.  Downtown Lawrence was a diverse community and this area was always considered to be an industrial part of town.  Because of the unique ownership patterns for this project, he did not think it was precedent setting.  He supported the project and asked the City Commission to look at the special uniqueness of the project.

David Longhurst, 2914 Westdale Road, supported the project.  The Journal World was making a significant investment in the Downtown area and was not asking for anything.  He asked the City Commission to review this project in the context of the overall project and its uniqueness.                 

Moved by Kennedy, seconded by Dunfield, to close the public hearing required under Section 22-504 of the City of Lawrence Code.  Motion carried unanimously.                                       

Moved by Kennedy, seconded by Dunfield, to close the public hearing pursuant to K.S.A. 75-2724.  Motion carried unanimously.   

Rundle asked about the standards for denial by the HRC.

Enslinger said the State did not have any standards until 1998.  The State standards did not require a specific definition of the environs.  Under local review, staff was beginning to define the environs, but it would be along time to define the environs for all the listed property.  The HRC did not use a wrong standard, but they were limited and did not have a complete list of standards.  None of the State or Federally listed properties have defined environs.  The HRC used the standards that were available to them.

Rundle asked about guidelines for determining feasible and prudent.

Enslinger said the City Commission could take into consideration all factors in reviewing the proposed project.  Both the City Code and State Statute allowed for the City Commission to consider all relevant information when determining if the project should proceed.  It was up to the City Commission to define what was prudent and feasible.  Cost was not the only factor.

Hodges supported the project.  He thought it brought a significant investment to the Downtown, and it would encourage future development in the area.  The World Company was providing parking on their own for the project.  He could not support a tunnel for many reasons.  Another alternative for the proposed walkway was for people to walk to the corner, but he did not think that would work.  He saw there were no viable alternatives for the overhead walkway.

Henry expressed a concern about protecting the integrity of the historical buildings in the area.

Rundle supported the project.  He commended the World Company for conserving the historical structures in the area.  However, he was conservative in dealing with these historic properties.  He thought one (1) alternative for the overhead walkway was a pedestrian traffic signal.  The HRC did their work well and made a good decision.

Dunfield supported the HRC in their review of the project.  However, he thought their job was narrowly defined in scope.  If it would change the environs of New Hampshire, their decision had to be to deny it because it would change the face of New Hampshire.  Dunfield thought it was important to note the environs was not what we see from a porch or a window, it was what the overall impact would be on the properties.  The City Commission had a different job than the HRC and was required to look at what was feasible and prudent and what the impact would be on the historic properties.  The proposed overhead walkway was appropriate for the location and use.  In the information presented to the City Commission, he did not hear any significant arguments against the bridge.  The bridge was a logical response to the conditions facing an industrial plant and its needs.  He did not see this as a precedent for retail use.  He did not want to see customers taken from the street and put in overhead walkways.

Kennedy commended the work of the HRC.  He supported the proposed overhead walkway because of the unique situation.

Moved by Hodges, seconded by Kennedy, to approve the Certificate of Appropriateness for a pedestrian/walkway for the World Company Campus Site in the 600 Block of New Hampshire.  Aye:  Henry, Dunfield, Hodges and Kennedy.  Nay:  Rundle.  Student Representative:  Aye.  Motion carried.                                                                                   

Moved by Hodges, seconded by Kennedy, to find there was no feasible and prudent alternative to proposed pedestrian/walkway for the World Company Campus Site in the 600 Block of New Hampshire and the program included all possible planning to minimize harm to the historic properties resulting from such use.  Aye:  Henry, Dunfield, Hodges and Kennedy.  Nay:  Rundle.  Student Representative:  Aye.  Motion carried.                                                       

Mike Wildgen, City Manager, said a Resolution was needed stating the City Commission’s decision and the notice of the determination had to be sent to the State Historic Preservation Officer by Certified Mail.  Staff would to have the Resolution and other necessary paper work on the City Commission’s agenda next Tuesday.                                                                      (16)

Moved by Rundle, seconded by Dunfield, to recess into executive session for thirty minutes (30) to discuss possible acquisition of real property with the justification for the executive session to keep possible terms and condition of possible acquisition confidential.  Motion carried unanimously.                                                                                                       (17)

Upon returning from Executive Session, it was moved by Kennedy, seconded by Hodges, to adjourn at 9:15 p.m.   Motion carried unanimously.      

                                                                                                APPROVED:

_____________________________

James R. Henry, Mayor

ATTEST:

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING OCTOBER 3, 2000

1.                  Ordinance No. 7245 – 1^st Reading, Equivalent Residential Unit Rate for stormwater utility, $3 for 2001 & $4 for 2003.

2.                  Ordinance No. 7273 – 2^nd Reading, 30 min parking & temp loading zones, during the construction of 900 Blk of New Hampshire parking garage.

3.                  Ordinance No. 7265 – 2^nd  Reading, Grand Vista Dr., Legends, O’Connell, Ousdahl from 31^st to 33^rd, Research Park, & Stoneridge as collector streets.

4.                  Resolution No. 6232 – Benefit District, establish hearing date for traffic signals & related geometric improvements for Clinton Pkwy & Hawthorne/Hartford.

5.                  Site Plan – (SP-5-31-00), new cabinet & warehouse shop at 2332 Haskell.

6.                  Subordination Agreement – 3010 Harvard for Susan Church.

7.                  Sprint Lease – Fire/Medical Station No. 3 Water Tower, to Black & Veatch for $11,600.

8.                  Benefit District – Declared inoperative for 22^nd & Kasold turn lanes.

9.                  TSC – “No Parking”  W side of Rhode Island, between 19^th & 20^th .

10.              TSC – Signage request denied for intersection of 29^th & Kensington Rd.

11.              Airport – Capital Improvement Projects

12.              Order of Vacation – Utility Easement, 3910 W 13^th.

13.              Order of Vacation – Platted building setback line, 800 blk of Avalon.

14.              TSC – “No Parking” alone S side of Congressional Pl.

15.              Drinking Establishment License, Brown Bear Brewing Co.

16.              Pedestrian Walkway – 600 Blk of New Hamp, World Co. (Approved)

17.              Executive Session – Acquisition of Real Property.