November 21, 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 Commissioners May and Andyshak were present.

With Commission approval, Mayor Henry proclaimed Friday, November 24, 2000 as “Salvation Army Kettle Kick-Off Day.”

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the City Commission meeting minutes of November 14, 2000.  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 November 6, 2000; the Public Transit Advisory Committee meeting minutes of November 7, 2000; the Lawrence Arts Commission meeting minutes of October 11, 2000; and, the Lawrence Public Library Board meeting minutes of October 18, 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 $723,792.16 and payroll from November 5, 2000 to November 18, 2000, in the amount of $1,072,825.29.   Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the recommendation of the Mayor and appoint Alice Ann Johnston and Richard Konzem to the position of Parks & Recreation Advisory Board; and, the reappointment of Terri Pippert and Oscar Marinon and the appointment of Steven Ramirez and Darrel Flyingman to the Human Relations Commission.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to award the sole source bid for valve replacement for the Kaw Water Treatment Plant to HE Engineered Equipment in the amount of $16,741.61.  Motion carried unanimously.                                 

            The City Commission reviewed the bids for a parking lot addition, building pad, and storm sewer installation for Fire Medical Station No. 3, 3708 W. 6^th Street.  The bids were:

                As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to award the bid to May Contractors, Inc., in the amount of $77,900.00.  Motion carried unanimously.                           

The City Commission reviewed the bids for sanitary sewer improvements and interceptor design of Peterson Road and Monterey Way area 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 Razorback Contractors of Kansas, Inc., in the amount of $782,619.20.  Motion carried unanimously.                      

            As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to set a bid date of December 12, 2000 for the 2000 Waterline Improvement Project.  Motion carried unanimously.           

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to place on first reading Ordinance No. 7300, annexing approximately 11.70 acres, property located North of Stetson Drive along Monterey Way.  Motion carried unanimously.                     (1)        

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to place on first reading Ordinance No. 7301, authorize the codification of City ordinances.  Motion carried unanimously.                                                                                                                      (2)

Ordinance No. 7293, rezoning [Z-01-01-97, 32-12-19 parcel] approximately 7.741 acres from A & RS-2 to RM-1, which was left out of the original ordinance approved by the City Commission, 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)

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. 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.                                                                                                          (4)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to adopt Resolution No. 6241, authorizing the Mayor to execute Agreement No. 165-00 with the Kansas Department of Transportation for geometric and traffic signal improvements at 27^th and Iowa with the State paying ninety percent (90%) of the cost of construction and construction engineering.  Motion carried unanimously.                                                                                     (5)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to adopt Resolution No. 6242, authorizing the Mayor to execute Agreement No. 166-00 with the Kansas Department of Transportation for geometric and traffic signal improvements at 23^rd and Barker Avenue with the State paying ninety percent (90%) of the cost of construction and construction engineering.  Motion carried unanimously.                                                                (6)

Dunfield asked if there were any regulations concerning the request for the excavation of rock at 15^th and Inverness.  He thought there would be significant disturbance to the stream in the area, the stormwater utility easement and water run-off.

Linda Finger, Planning Director, said at the present time, there were no specific regulations that would impact this particular project.  In the year 2003, when the City begins regulating storm water run-off, this project would require a permit from the Stormwater Utility Department.  At the present time, these projects were reviewed on an individual basis and staff recommended approval of the use with the two (2) conditions.

Dunfield asked if this project was in the floodplain.

Finger said “no.”

Rundle asked about the excavation of rock for a perimeter road.

Finger said the applicant stated the road would be the perimeter road to the development and would separate the development from the open space and stormwater utility easement.  This would give an appearance of additional open space.

Rundle asked if there were regulations implementing erosion control on this type of project.

George Williams, Public Works Director, said in this particular project it was important to watch whether or not debris was being pushed into the stream.  At this particular time, this project did not require a City permit.

Dunfield said although this project seemed to be okay, he was uncomfortable with existing policies to address potential problems caused by this type of activity.  He would like to see additional policies in place covering fill, excavation and erosion control.

Williams said staff was in the process of receiving comments for the Erosion Control Program that was required by the EPA.

Wilford Grammer, 2930 Peterson Road, expressed concern about what people were being charged with stormwater run-off.  He said all utilities cost too much.     

Moved by Hodges, seconded by Kennedy, to approve the Temporary Use Permit  Upon Review (TUPR-11-51-00) request for mining & excavation of rock at 15^th & Inverness subject to the following conditions:

1.      No grading or disturbance shall occur within the platted drainage easement without prior review and approval from the City.  The owner shall take measures to prevent disturbance in the drainage easement, including erosion and sediment control measures; and,

2.      Earth moving and excavation was permitted through June 1, 2002.

Motion carried unanimously.                                                                                               (7)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to authorize City Manager to execute agreement with Black & Veatch consulting engineers for investigation, design and construction phase services for Bowersock Dam repairs, not to exceed the amount of $165,000.00.  Motion carried unanimously.                                                            (8)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to receive the Traffic Safety Commission’s recommendation to establish an adult crossing guard at the intersection of 19^th and Harper for Kennedy School, by reassigning one of the existing guards at Kennedy School which does not meet the criteria and refer to staff for a report.  Motion carried unanimously.                                                                                                                                  (9)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to authorize the Mayor to execute a Supplemental Agreement with the Kansas Department of Transportation for the construction engineering services on Monterey Way which was in the amount of $218,697.53, and with the new contract amount of $266,897.02, an increase of $48,199.49 with KDOT paying eighty percent (80%) of these additional expenses, and the City, twenty percent (20%).  Motion carried unanimously.                                                         (10)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to authorize the Mayor to execute Agreement No. 176-00 with the Kansas Department of Transportation for the Stormwater Mitigation Pond near 23^rd and Haskell behind the Douglas County Public Works Facility with the State reimbursing the City eighty percent (80%) of construction and inspection and the City responsible for twenty percent (20%) of these costs and one hundred percent (100%) of the cost of design engineering.  Motion carried unanimously. (11)

Mike Wildgen, City Manager, presented a request from Inverness Park L.L.C. donating approximately 14.607 acres for open-space within the Dial Addition.  This would be used for open-space within the project.

Moved by Rundle, seconded by Dunfield, to direct staff to proceed with the donation of approximately 14.6 acres by Inverness Park L.L.C., for open-space in the Dial Addition.  Motion carried unanimously.                                                                                                                     (12)

David Corliss, Assistant City Manager, presented the staff report on the purchase of approximately 65 water meters from Rural Water District No. 1, north of Riverridge Road.  The plan for improving Riverridge Road required the removal of the existing Rural Water District No. 1, distribution waterline along Riverridge Road.  The City and Rural Water District No. 1, agreed the City acquisition of the Rural Water District Facilities was in the best district of the City, Rural Water District and its users.  The replacement of the existing Rural Water District distribution line did not make economic sense for either the City or the Rural Water District.  It was anticipated the change would occur during the first months of 2001.  Staff anticipated the possible annexation of this area would occur after the water customer transfer was completed.  At the present time, customers would be billed at the rate for outside of City customers which would reduce their monthly rate.

Moved by Kennedy, seconded by Hodges, toapprove the agreement with Rural Water District No. 1 for the purchase of approximately 65 meters, located North of Riverridge Road.    Motion carried unanimously.                                                                                                         (13)

Dennis Enslinger, Planner, presented the East Lawrence Neighborhood Revitalization Plan.  He introduced members of the East Lawrence Plan Steering Committee and thanked them for their hard work.  The members included Julian Dahl, Mark Lehman, John Naramore, Sharon Steele, Ted Juneau, Verdell Taylor, Aimee Polson, Jean Ann Pike, Carrie Lindsey and Margene Swartz.  The plan consisted of six (6) primary goals which included encouraging effective code enforcement, maintaining appropriate land use and zoning and developing a true sensitivity to housing issues; preserving and conserving existing physical neighborhood landmarks; protecting and enhancing neighborhood greenspace, streetscapes and other physical assets; supporting neighborhood institutions and programs and preserving, retaining and improving existing activity centers; enhancing pedestrian and automobile safety with clearly demarcating commercial truck routes; and, protecting and strengthening the viability of neighborhood business. In addition to the primary goals, there were tools and strategies to implement these goals using a series of Task Forces.

Patty Banks, Consultant, said the use of Task Forces would allow the neighborhood to work on specific objectives within a specific timeframe.  The Task Forces would implement the strategies to address the primary goals.

Jane Eldridge, representing members of the East Lawrence Business Association, said their major concern was what it meant to adopt the plan.  The question was how this plan would be used in the future.  It was clear during the process that everyone identified this plan was not a land use plan and the document itself should be clear in that aspect.  She requested that language on Page 3 state that it was not intended to replace, amend or supplement Horizon 2020 or any other Ordinances.  She also requested the third paragraph in the Resolution, that stated the Planning Commission held a public hearing be deleted. This was not a Planning Commission’s document and a public hearing was not required.  It was a document initiated and adopted by the City Commission.  She suggested no reference to the Planning Commission should be made in the Resolution. Those statements received by the Planning Commission were passed on directly to the City Commission for your consideration.  She expressed a concern about the conservation district and the design guidelines.  To implement those design guidelines the City Commission needed to adopt an Ordinance and go through the necessary process  to develop the appropriate guidelines.  It should be noted, Appendix D only reflected the recommendations of the consultant as they interpreted the wishes of the neighborhood.  She asked that the guidelines in Appendix D be clearly identified as guidelines and not policies.  The photographs were good illustrations of concepts presented by the proposed guidelines.  She had a concern that those photos depicted what was called “inappropriate development.”   The development met all the City’s rules and regulations at the time of the improvement.  Those concepts could be reflected by drawings and not photos.   She thought it was inappropriate to identify particular structures in a negative way.

Eldridge expressed a concern about the definition of “landmark” and its inconsistent use.  She recommended the term “landmark” be defined as it was found in the Historic Resources Code.

Dunfield asked who were the members of the East Lawrence Business Association.

Eldridge said the association was initially formed in 1995 to work with the Neighborhood Association on a land use plan.  It was a loose nit organization representing mostly the industrial businesses of the neighborhood and several residential and commercial businesses.  Chris Ogle was the coordinator of the organization.  It was open to any business in the area and did not require any membership or initiation fees.

Henry asked how many registered landmarks there were in East Lawrence.

Enslinger said there were five (5) all on Rhode Island Street.

John Naramore, a member of the Steering Committee, said the intent of the term “landmark” in the plan was to be a visual reference and it was not intended to have historical reference.  These sites were things important to the neighborhood.  These “visual landmarks” helped to define the character of the neighborhood.

Chris Ogle, East Lawrence Business Association, said there appeared to be some confusion in terminology between the various documents of the plan.  He suggested the term “neighborhood landmark” be replaced with the term “visual neighborhood reference” in the background studies.

Ardys Ramburg, East Lawrence Neighborhood Association, supported adoption of the plan.  She expressed concern about some of the language used in the plan, but overall it was an outstanding document.  The term “landmark” in the plan was to identify visual assets of the neighborhood.  She requested that in the area of code enforcement, the City encourage inspectors to go gently enforcing the code until the neighborhood could get some programs in place to assist property owners.

Dunfield said since the plan was initiated by the East Lawrence Neighborhood Association, how did it stack up with their intentions. 

Ramburg said it was more extensive than originally thought, but a good document.

Mark Lehman, a business owner, said this was a good document and supported the document as presented.  There were few inconsistencies, but overall those would not have a major impact on the implementation or the document itself.  The end result was a great document.  He requested the City Commission to support the document with few or no changes.

Jean Ann Pike, past President, East Lawrence Neighborhood Association, said the plan was a good document.  It was an inclusive document representing all the various interests of the neighborhood.

Rundle suggested not much tweaking was needed for the plan.  It was clearly not a land use guide.  It does not have the same standing of Horizon 2020, the 1979 East Lawrence Plan or the Historic Resources Code.  He did not think the definition for “landmark” needed to be changed because it was a more inclusive concept then presented in the Historic Resources Ordinance.  He did not necessarily oppose using photographs for the design concepts.

Dunfield suggested adopting the plan as presented with one (1) change.  He thought Page 5 was redundant.  If that was not the case, it should be adopted as is.

Henry thought line drawings should be used for the concepts.

Hodges thought the photographs were good.  He suggested that on Page 3 the wording should be amended to state the plan did not replace, amend or supplement Horizon 2020 and the definition on Page 2 in Appendix E should be consistent with the definition in the Historic Resources Code.

Kennedy supported the plan as presented and liked the pictures that were in Appendix D.

Moved by Rundle, seconded by Hodges, to amend the East Lawrence Neighborhood Revitalization Plan by changing the wording on Page 3 to read “it is not the intention of this Neighborhood Revitalization Plan to replace, amend or supplement Horizon 2020, the current zoning designations within the East Lawrence Neighborhood, or the existing City Ordinances that govern development”; to change the definition of “landmark” on Page 2 in Appendix E to read ”A site, structure or object designated as a landmark by Ordinance of the City Commission, pursuant to procedures prescribed by the Historic Resources Code that were worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the City;” and, staff should make a notation on Page 1 of Section D of the Background Studies that the term “landmarks” was later changed to “Visual Neighborhood References.”  Motion carried unanimously.                                                                                 

Moved by Rundle, seconded by Hodges, to adopt Resolution No. 6253, adopting the East Lawrence Neighborhood Revitalization Plan as amended.  Motion carried unanimously. (14)

Mike Wildgen, City Manager, presented the staff report on downtown cleaning efforts.  Wildgen reported Parks and Recreation staff said there had been improvement in the 1000 block of Massachusetts.  The Kansas License Beverage Association was assisting in efforts to address the Downtown trash problems.  Staff was planning to purchase several ashtrays and additional trash receptacles for the downtown area.  Hopefully, the City would be expanding its program with Bert Nash to provide additional cleanup for the area.  Wildgen recommended the Mayor sign a letter to all downtown businesses and property owners highlighting the above efforts and the emphasis on continuing private efforts for keeping downtown clean and attractive.

Rundle suggested recycling receptacles be considered for the downtown area.

Phillip Bradley, representing KLBA, said the KLBA and Downtown Lawrence had a productive meeting.  They would continue to work addressing the trash problems downtown.  He saw it as a cooperative effort.

Bruce Plank, Chair, Resource and Recycling Board, said their organization was working with Parks and Recreation to replace existing containers downtown with recycling containers.  It was important to demonstrate that Lawrence was leading the way in recycling efforts.  Their board would continue to work with the Parks and Recreation Board on this matter and have a recommendation to the City Commission in the near future.

Hodges suggested sending a letter from the Mayor to all City businesses on their responsibility to maintain their property.

The City Commission concurred to direct staff to continue its efforts to work on trash problems in the downtown area including sending a letter from the Mayor to all businesses and continuing to explore the possibility of recycling containers for the downtown area.                   (15)

David Corliss, Assistant City Manager, presented the staff report on telecommunication issues.  He reviewed the various requests for use of City facilities and/or City right-of-way.  He recommended the City impose a two percent (2%) franchise fee on Internet services provided by Adelphia Business Solutions for their use of the City right-of-way.  Corliss said Adelphia was planning to make an initial build of twenty (20) or thirty (30) miles on City right-of-way to serve several businesses in Lawrence.  For the most part, Corliss said they would be using overhead lines.

Hodges asked if Adelphia had no overhead lines available to them, would they need to go underground. 

Corliss said “yes.”

Rundle questioned the appropriateness of providing services to only one (1) segment of the community. 

Corliss said staff would research the appropriateness of that concept and explore service requirements.

Rundle suggested in the agreements, staff explore the possibility of not automatically passing on the cost of the franchise fee to customers.  He thought business could or should absorb some of those cost.  Rundle requested staff keep the City Commission informed during of negotiation processes.

The City Commission concurred to receive the report and directed staff to proceed with the negotiations as directed.                                                                                                           (16)

Moved by Kennedy, seconded by Rundle, to adjourn at 8:50 p.m.  Motion carried unanimously.

                                                                                                                                                                                               

APPROVED:

                                                                        _____________________________

James R. Henry, Mayor

ATTEST:

 

___________________________________                                                                       

Raymond J. Hummert, City Clerk

CITY COMMISSION MEETING

NOVEMBER 21, 2000

1.                  Ordinance No. 7300 -- 1^st Reading, Annex, 11.70 acres, located N. of Stetson Drive along Monterey Way.

2.                  Ordinance No. 7301 -- 1^st Reading, Authorization of the codification of City ordinances.

3.                  Ordinance No. 7293 – 2^nd Reading, Rezone (Z-01-01-97, 32-12-19 parcel) 7.741 acres, from A & RS-2 to RM-1, located, this portion was left out of the original ordinance.

4.                  Ordinance No. 7299 – 2^nd Annex (A-05-07-00) 131.966 acres, located between Wakarusa Drive (extended) and Queen's Rd. [E 1000 Rd.], S. of N. 1700 Rd.

5.                  Resolution No. 6241/Agreement No. 165-00 – execute with the KDOT.

6.                  Resolution No. 6242/Agreement No. 166-00 – execute with the KDOT.

7.                  TUPR – (TUPR-11-51-00), mining & excavation of rock at 15^th & Inverness.

8.                  Agreement – Bowersock Dam repairs, to Black & Veatch, not to exceed $156,000.00

9.                  TSC -- establish an adult crossing guard at the intersection of 19^th and Harper for Kennedy School.

10.              Supplemental Agreement -- Construction services on Monterey Way with KDOT for $266,897.02.

11.              Agreement - Stormwater Mitigation Pond near 23^rd and Haskell with KDOT.

12.              Land Purchase – 4.6 acres, Dial Addition form Inverness Park L.L.C.

13.              Approval -- Rural Water District No.1 for the purchase of approximately 65 meters.

14.              Resolution No. 6253/adopting the East Lawrence Neighborhood Revitalization Plan.

15.              Downtown cleaning efforts.

16.              ROW -- Telecommunication purposes.