August 1, 2000

November 14, 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. Student Commissioner May and Andyshak were present.

With Commission approval, Mayor Henry proclaimed November 18, 2000 as “Kiowa Elder’s Days in the City of Lawrence.”

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the City Commission meeting minutes of November 7, 2000. Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to receive the Lawrence Park & Recreation Advisory Board meeting minutes of September 12, 2000; the Lawrence-Douglas County Health Board meeting minutes of September 18, 2000; and, the Lawrence Housing Authority Board meeting minutes of September 26, 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 $2,883,003.49. Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the Drinking Establishment Licenses for Mad Greek, 907 Massachusetts (Contingent Upon State License; Eldridge House, 701 Massachusetts (Contingent Upon State License); G. Wilikers, 833 Massachusetts (C-3 Zoning Requirement); El Mezcal Mexican Restaurant, 1819 West 23^rd; FiFi’s Restaurant, 925 Iowa; Liberty Hall, 642 Massachusetts, Wheatfields Bakery Café, 904 Vermont (C-3 Zoning Requirement); Paradise Café, 728 Massachusetts; Tremor’s, 729 New Hampshire (Contingent Upon State License); and, American Legion, 3408 West 6^th Street (Contingent Upon State License). Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the recommendation of the Mayor and appoint N. Leslie (Les) Hannon to the position of Board of Zoning Appeals/Sign Code Board of Appeals; and, appoint Jeff Ridgeway to the Lawrence Arts Commission. Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to place of first reading Ordinance No. 7293, rezoning [Z-01-01-97] approximately 7.741 acres from A & RS-2 to RM-1, property located, a portion of the property was left out of the original 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.7299, annexing [A-05-07-00] approximately 131.966 acres, property located between Wakarusa Drive (extended) and Queen's Road [E 1000 Rd.], south of N 1700 Rd. Motion carried unanimously. (2)

Ordinance No. 7277, rezoning [Z-05-16-00] approximately 4.763 acres from A (Agricultural) to RS-2 (Single-Family Residence), property located west of Branchwood Drive and north of Stoneridge Drive 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. (3)

Ordinance No. 7291, annexing [A-05-08-00] approximately 19.115 acres, property located at Kasold Drive and W. 31^st Street, south of Green Meadows Subdivision.

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. (4)

Ordinance No. 7278, rezoning [Z-05-13-00] approximately 19.115 acres from A (Agricultural) to RM-D (Residence-Duplex), property located at Kasold Drive and W. 31^st Street, south of Green Meadows Subdivision.

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. 7279, annexing [A-06-13-00] approximately 27.143 acres, property located south of Harvard Rd., west of Legends Dr. (extended) 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. 7280, rezoning [Z-06-29-00] approximately 27.143 acres from A (Agricultural) to RS-2 (Single-Family Residence), property located south of Harvard Rd., west of Legends Drive (extended) was read a second time.

Ordinance No. 7281, annexing [A-06-14-00] approximately 33.702 acres, property located south of I-70, west of Kasold Drive was read a second time.

Ordinance No. 7282, rezoning [Z-06-26-00] approximately .610 acres from M-2 (General Industrial) & M-3 (Intensive Industrial) to C-4 (General Commercial), property located at 161 Lincoln/601 N. 2^ndwas read a second time.

Ordinance No. 7283, rezoning [Z-9-32-00] approximately 1.164 acres from RS-1 (Single-Family Residence) to PCD-2 (Planned Commercial Development), property located at 420 N. Iowa was read a second time.

Ordinance No. 7284, rezoning [Z-3-6-00] approximately 5.5 acres from RS-1 (Single-Family Residence) to RO-2 (Residence-Office), property located on the southeast corner of E. 23^rd and Haskell Ave was read a second time.

Ordinance No. 7285, rezoning [Z-5-23-00] approximately 29.0 acres from PCD-2 Planned Commercial District w/use restrictions) to PCD-2 (Central Business District w/ amended use restrictions), property known as Phase IV of the Target PCD was read a second time.

Ordinance No. 7286, rezoning [Z-06-28-00] approximately 3.742 acres from M-1 (Research Industrial) to RS-2 (Single-Family Residence), property located south of Harvard Rd., west of Legends Dr was read a second time.

Ordinance No. 7287, rezoning [Z-08-32a-00] approximately 0.877 acres from M-2 (General Industrial) to C-3 (Central Business District), property located on the east side of the 600 block of New Hampshire was read a second time.

Ordinance No. 7288, rezoning [Z-08-32b-00] approximately .201 acres from M-2 (General Industrial) to C-3 (Central Business District), property located on the east side of the 600 block of New Hampshire (Reuter Organ property) was read a second time.

Ordinance No. 7289, rezoning [Z-08-33-00] approximately 1.2 acres from M-2 (General Industrial) to C-3 (Central Business District), property located on the west side of 600 block of Rhode Island 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, Hodges, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (16) Ordinance No. 7290, rezoning [Z-08-34-00] approximately 2.225 acres from RD (Residence-Dormitory) to O-1 (Office), property located near W. Campus Rd. & W. 11^th for KANU radio station was read a second time.

Ordinance No. 7292, rezoning [Z-03-07-00] approximately 8.73 acres from PCD-1 (Planned Commercial Development) to O-1 (Office District), property located northeast of Kasold Dr. and Peterson Road was read a second time.

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-09-15-00) request of approximately 11.6 acres, located west of Monterey Way and north of Stetson Drive which was is adjacent on the east, west, and south to the current City Limits; and, direct staff to prepare the appropriate ordinance. Motion carried unanimously. (19)

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-09-40-00) of approximately 11.6 acres from R-1 (County Single-Family Residence District) to RS-2 (City Single-Family Residence District), property located west of Monterey Way and north of Stetson Drive, adjacent on the west to the current City Limits; and, direct staff to prepare the appropriate ordinance. Motion carried unanimously. (20)

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 Preliminary/Final Plat (PDP-09-15-00/FDP-09-09-00) for Lawrence Humane Society, a 4800 square foot addition to the building and relocation of the stormwater detention facility, located at 1805 E. 19^th Street; and, accept the dedication of easements and rights-of-way subject to the following conditions:

1. Addition of a note on the face of the Revised Preliminary/Final Development Plan stating that the parking lot will be re-striped per section 20-1215;

2. Revise Interior Parking Lot Landscaping Required calculations on the face of the Revised Preliminary/Final Development Plan;

3. Show on the Revised Final Development Plan the removal of the existing dog run and the placement of the dog run in an area that satisfies the specifications set forth in Section 20-1403; and,

4. Provide agreement not to protest the formation of a benefit district for street improvements for E. 19^th St.

Motion carried unanimously. (21)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the Planning Commission’s recommendation to consider withdrawal of approximately 59.689 acres from the Four Seasons PUD (Planned Unit Development). Motion carried unanimously. (22)

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-09-39-00) of approximately 9.236 acres from RS-2 (Single-Family Residence District) with PUD overlay to RM-D (Residence-Duplex District), property located southwest of W. 27^th and Crossgate Drive; and, direct staff to prepare the appropriate ordinance. Motion carried unanimously. (23)

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-09-36-00) of approximately 60,000 sq. ft. from M-3 (Intensive Industrial District) to RO-2 (Residence-Office District), property located at 622 - 626 Locust in N. Lawrence; and, direct staff to prepare the appropriate ordinance. Motion carried unanimously. (24)

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-09-37-00) of approximately 31.757 acres from A (Agricultural District) to PRD-1 (Planned Residential District), property located south of N 1750 Rd. and east of E 1000 Rd; and, direct staff to prepare the appropriate ordinance. Motion carried unanimously. (25)

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-09-38-00) of approximately 32.64 acres from A (Agricultural District) to RS-2 (Single-Family Residence District), property located south of N 1700 Rd. and east of E 1000 Rd.; and, direct staff to prepare the appropriate ordinance. Motion carried unanimously. (26)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize Mayor to execute quitclaim deed for tract of property located north of 9^th Street, east of Pennsylvania. Motion carried unanimously. (27)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the automated scheduling dispatching system for the Lawrence Transit System in the amount of $48,640.00 with the City share being $9,728.00. Motion carried unanimously. (28)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the transit systems telephone operation system in the amount of $11,973.00 with eighty percent (80%) of the amount being reimbursed by the Federal Transportation Administration. Motion carried unanimously. (29)

Ed Mullins, Finance Director, presented a summary of the Third Quarter Financial Report - 2000 for the City of Lawrence. The report covered the first nine (9) months of 2000. For the first nine (9) months, there were no major concerns except for Risk Management related expenses and the lack of City sales tax growth. Mullins forecasted a slightly higher sales tax in the year 2000 when compared to 1999. Water and sewer revenues were up because of the dry summer with water revenue up approximately ten percent (10%) during the period. (30)

Jim McSwain, Director, Fire/Medical, requested the City Commission set a bid date on the construction of a new Fire/Medical Station to replace the present Fire/Medical Station No. 2. The new station would be located at 21^st and Harper. This was the first of three (3) phases to adjust and increase the Fire/Medical Service which would meet the needs of the community through the year 2020. The last fire station was constructed in 1982. This plan called for the relocating of Station No. 2 from 1941 Haskell to 2128 Harper. The estimated cost of this facility including the Two Percent for Art and a contingency was $2,040,000.00.

Bill Scott and Dan Sabatini, Architects, reviewed the scope and schematic drawing of the proposed project. The Site Plan included an 11,500 sq. ft. building. The construction materials would consist of long-life and low maintenance items.

Wilford Grammer said he did not think there was a need for this Fire Station. The town was well covered with the existing stations. He thought this was a waste of time and money. Grammer also expressed a concern about water, sewer and trash bills.

Kennedy asked the status of the house on Harper Street.

Mike Wildgen, City Manager, said staff was actively seeking to have the house moved.

Moved by Kennedy, seconded by Rundle, to direct staff to proceed with the bidding of the new fire station at 2128 Harper Street. Motion carried unanimously. (31)

Mike Wildgen, City Manager, presented the revised Request for Proposals, for improvements to 31^st Street. The changes recommended by the City Commission were included in the revised Request for Proposals. The date for proposals to be received was November 30, 2000.

George Williams, Public Works Director, expressed concern about the date for proposals to be returned. Because of the scope of the project and limited time to develop proposals, he thought the number of firms submitting proposals would be limited.

Rundle thought it was the County who had the need for the tight schedule. He suggested staff ask the County to see if the sense of urgency for the proposed time frame has changed.

Hodges expressed a concern about the short time frame.

Wilford Grammer supported having a four (4) lane street from Louisiana to K-10. He supported the 31^st Street project.

Moved by Hodges, seconded by Kennedy, to direct staff to distribute the Request for Proposals for engineering services for improvements to 31^st Street with the understanding that if there was not a good response to the request staff consider changing the request date (32)

Mike Wildgen, City Manager, said the City was awarded a System Enhancement Grant for improvements to 6^th Street from east of Waskarusa to the South Lawrence Traffic Way. Staff and other representatives met with KDOT Officials in October and was proceeding with the project. KDOT was presently anticipating a July 2002, to bid letting with completion schedule for April 2004. Needed first, would be a two (2) party agreement between KDOT and the City identifying the scope of the project. This agreement would identify the project and the responsibilities by each party. The City’s cost would be one hundred percent (100%) of the preliminary engineering and twenty percent (20%) of the right-of-way, utility adjustment, construction and construction engineering costs. The project was estimated to cost approximately $14,000,000.00 with the City share being approximately 2.7 million dollars. Wildgen explained there were several ways for the City to fund the project. The first option, since part of this property was outside the City limits, would be to use K.S.A. 68-580, which would require an election in April 2001. The City could Charter out of the Statute since it was not uniformly applied and not have an election. Another option to financing the project would be to use the Main Traffic Way Statute. This would require all the property to be within the City limits.

Rundle asked the time frame for the various options.

David Corliss, Assistant City Manager, said the voluntary annexation would probably be the quickest. If the City were to Unilaterally Annex, it could take a long time. He explained the various annexation processes. If there was an election for the project, that would be done in April with the City certifying the need for the election, approximately forty-five (45) to sixty (60) days prior to that date in April.

Dunfield asked the fiscal impact of the City using the various methods.

Wildgen said this would be General Obligation debt of the City and the impact would be the same for all methods.

Hodges supported getting the landowners together to see if they would voluntarily annex the property.

Moved by Hodges, seconded by Kennedy, to direct staff to contact the property owners adjacent to 6^th Street between Wakarusa and the South Lawrence Trafficway on the possibility of voluntary annexation to the City for constructing improvements to 6^th Street. Motion carried unanimously. (33)

Moved by Hodges, seconded by Kennedy, to authorize the City Manager to enter into a contract with Bucher, Willis and Ratliff Corporation in the amount of $68,883.00 for the design of 6^th Street water transmission lines. Motion carried unanimously. (34)

Fred DeVictor, Parks and Recreation Director, presented the report on acquisition of forty (40) acres southeast of the current City boundaries. This would be at the northeast intersection of East 1700 Road and North 1300 Road. The proposed sale price was $11,000.00 per acre for a total purchase price of $440,000.00. The proposed use would be a future park and open space site. Representatives of USD No. 497 participated in the discussions on the acquisition of a portion of this forty (40) acre tract for a possible Elementary School site. However, at this time, no formal participation has been identified. DeVictor said the $11,000.00 per acre purchase price compared favorably with other City land purchases for park uses. Funding for this purchase would come from the City’s share of the County’s one percent (1%) sales tax.

Moved by Kennedy, seconded by Henry, to direct staff to proceed with the acquisition of a forty (40) acre tract located at the northeast intersection of East 1700 Road and North 1300 Road for a total purchase price of $440,000.00. Motion carried unanimously. (35)

Moved by Kennedy, seconded by Rundle, to cancel the City Commission meeting on Tuesday, December 26, 2000. Motion carried unanimously. (36)

Moved by Kennedy, seconded by Henry, to adjourn at 7:45 p.m. Motion carried unanimously.

APPROVED:

_____________________________

James R. Henry, Mayor

ATTEST:

___________________________________

Raymond J. Hummert, City Clerk

COMMISSION MEETING NOVEMBER 7, 2000

1. Ordinance No. 7293 -- 1^st Reading, Rezone (Z-01-01-97) 7.741 acres, from A & RS-2 to RM-1, portion of the property was left out of the original ordinance.

2. Ordinance No. 7299 -- 1^st Reading, Annex (A-05-07-00) 131.966 acres, located between Wakarusa Drive (extended) and Queen's Road [E 1000 Rd.], south of N 1700 Rd.

3. Ordinance No. 7277 – 2^nd Reading, Rezone (Z-05-16-00) 4.763 acres, from A to RS-2, located W of Branchwood & N of Stoneridge.

4. Ordinance No. 7291 – 2^nd Reading, Annex (A-05-08-00) 19.115 acres, located at Kasold & W 31^st.

5. Ordinance No. 7278 – 2^nd Reading, Rezone (Z-05-13-00) 19.115 acres, from A to RM-D, located at Kasold & W 31^st.

6. Ordinance No. 7279 – 2^nd Reading, Annex (A-06-13-00) 27.143 acres, S of Harvard, W of Legends (extended).

7. Ordinance No. 7280 – 2^nd Reading, Rezone (Z-06-29-00) 27.143 acres, from A to RS-2, W of Legends (extended).

8. Ordinance No. 7281 – 2^nd Reading, Annex (A-06-14-00) 33.702 acres, located S of I-70, W of Kasold.

9. Ordinance No. 7282 – 2^nd Reading, Rezone (Z-06-26-00) .610 acres, M-2 & M-3 to C-4, located at 161 Lincoln/601 N 2^nd.

10. Ordinance No. 7283 – 2^nd Reading, Rezone (Z-9-32-00) 1.164 acres, from RS-1 to PCD-2, located at 420 N Iowa.

11. Ordinance No. 7284 – 2^nd Reading, Rezone (Z-3-6-00) 5.5 acres, from RS-1 to RO-2, located SE corner of E 23^rd & Haskell.

12. Ordinance No. 7285 – 2^nd Reading, Rezone (Z-5-23-00) 29.0 acres, from PCD-2 w/use restrictions to PCD-2, Target PCD.

13. Ordinance No. 7286 – 2^nd Reading, Rezone (Z-06-28-00) 3.742 acres, from M-1 to RS-2, located S of Harvard, W of Legends.

14. Ordinance No. 7287 – 2^nd Reading, Rezone (Z-08-32a-00) 0.877 acres, from M-2 to C-3, portion of E side of 600 Blk New Hamp.

15. Ordinance No. 7288 – 2^nd Reading, Rezone (Z-08-32b-00) .201 acres, from M-2 to C-3, portion of E side of 600 Blk of New Hamp (Reuter Organ)

16. Ordinance No. 7289 – 2^nd Reading, Rezone (Z-08-33-00) 1.2 acres, from M-2 to C-3, W side of 600 Blk of Rhode Island.

17. Ordinance No. 7290 – 2^nd Reading, Rezone (Z-08-34-00) 2.225 acres, from RD to 0-1, located near W Campus Rd & W 11^th for KANU Radio.

18. Ordinance No. 7292 – 2^nd Reading, Rezone (Z-03-07-00) 8.73 acres, from PCD-1 to 0-1, located NE of Kasold & Peterson.

19. Annex -- (A-09-15-00) 11.6 acres, located W. of Monterey Way and N. of Stetson.

20. Rezone -- (Z-09-40-00) 11.6 acres, from R-1 to RS-2, located W. of Monterey Way and N. of Stetson.

21. Final Plat -- (PDP-09-15-00/FDP-09-09-00) Lawrence Humane Society, 4800 sq. ft., located at 1805 E. 19^th.

22. Withdrawal -- 59.689 acres from the Four Seasons PUD.

23. Rezone -- (Z-09-39-00) 9.236 acres, from RS-2 with PUD overlay to RM-D, located SW of W. 27^th and Crossgate Drive.

24. Rezone -- (Z-09-36-00) 60,000-sq. ft., from M-3 to RO-2, located at 622 - 626 Locust in N. Lawrence.

25. Rezone -- (Z-09-37-00) 31.757 acres, from A to PRD-1, located S. of N. 1750 Rd. and E. of E 1000 Rd.

26. Rezone -- (Z-09-38-00) 32.64 acres, from A to RS-2, located S. of N. 1700 Rd. and E. of E 1000 Rd.

27. Quitclaim Deed -- For tract of property located N. of 9^th Street, E. of Pennsylvania.

28. Transportation – Dispatching System, Lawrence Transit System for $48,640.

29. Transportation – Telephone System, Lawrence Transit System for $11,930, 80% reimbursed by FTA.

30. Financial Report – First 9 months.

31. Bidding -- New fire station at 21^st and Harper.

32. RFP -- Engineering services for possible improvement to 31^st Street.

33. Financing Options -- City share of KDOT project to improve W. 6^th Street improvements, Wakarusa Drive to K-10.

34. Contract – Design of 6^th Street water transmission lines to Bucher, Willis and Ratliff Corporation for $68,883.

35. Acquisition -- 40 acres southeast of current City boundaries.

36. City Commission meeting – Cancellation, December 26, 2000.