February 13, 2001

 

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.

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve the City Commission meeting minutes of February 6, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve the Traffic Safety Commission meeting minutes of February 5, 2001; the Planning Commission meeting minutes of January 24, 2001; the Historic Resources meeting minutes of November 16 and December 14, 2000; the Practitioner's Panel meeting minutes of January 18, 2001; and, the HAND Advisory Committee meeting minutes of January 28, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve claims in the amount of $5,060,211.17 and payroll from January 28, 2001 to February 10, 2001 in the amount of $1,121,598.93.  Motion carried unanimously.

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to defer the Drinking Establishment License for Laughing Dog Saloon, 1910 Haskell Ave., No. 6 and 7, based upon staff recommendation for nonpayment of personal property taxes.  Motion carried unanimously.

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, Rundle, seconded by Dunfield, to approve the Drinking Establishment Licenses for Stu's Midtown Tavern, 925 Iowa, Suite L; The Pool Room, 925 Iowa (Contingent Upon State License); and, Hird Retail Liquor, 601 Kasold, B101. Motion carried unanimously.

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to concur with the recommendation of the Mayor and reappoint Don Johnston, Shirley Martin-Smith, Dwayne Peaslee, Sue Pine, Randi Tveitaraas and the appointment of Mike Maddox and Bob Walters to the Lawrence/Douglas County Economic Development Board; the appointment of Paul Graves to the Traffic Safety Commission; and, the appointment of Dr. Mark Praegar for the position vacated by the resignation of Dr. Matthew Stein to the Lawrence Memorial Hospital Board of Trustees.  Motion carried unanimously.

The City Commission reviewed the bids for the purchase of riding mowers for the Parks and Recreation Department, Cemetery and Turf Management Division.  The bids were:

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to award the bid to Deems in the amount of $11,810.00 for the Cemetery Division and $18,755.00 for the Turf Management Division.  Motion carried unanimously.

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve the payment of $10,000.00 for sanitary sewer easement from North Forty L.C.  Motion carried unanimously.

The City Commission reviewed the bids for three (3) sedans for Building Inspection, Parks and Recreation, and Public Works.  The bids were:

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to award bid to Laird Noller Ford in the amount of $44,706.30 because the low bids did not meet specifications.  Motion carried unanimously.

The City Commission reviewed the bids for installation of a two inch (2”) conduit and network/voice cabling between City Hall and Riverfront office spaces for Housing and Neighborhood Development Division.  The bids were:

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to award the bid for conduit to Quality Electric in the amount of $19,951.00 and cables to R&R Communications in the amount of $4, 136.80.  Motion carried unanimously.

Moved by Hodges, seconded by Kennedy, to place on first reading Ordinance No. 7331, authorizing the issuance of Industrial Revenue Bonds in the principal amount not to exceed $9,000,000.00 for the DST Realty Project and the execution of associated documents.  Aye:  Henry, Hodges and Kennedy.  Nay:  Dunfield and Rundle.  Motion carried.  Student Representatives:  Aye.                                                                                                                    (1)

Ordinance No. 7327, amending Article 6, Chapter 19 of the City Code concerning pretreatment regulations for the City's sanitary sewer utility, was read a second time.                   

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

Ordinance No. 7328, rezoning [Z-10-47-00] approximately 3.205 acres, from RS-2 (Single-Family Residence) to PRD-2 (Planned Residential Development), property commonly known as Delaware Commons, was read a second time.              

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

Ordinance No. 7329, declaring Louisiana Street from 17^th Street south to the City boundaries a main traffic-way, was read a second time.                  

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                          (4)

Ordinance No. 7330, annexing approximately 50.759 acres of City owned property, located west and north of the intersection of Kasold and West 31^st Street, was read a second time.                       

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                          (5)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt Resolution No. 6279, declaring 433 Illinois Street environmentally blighted, allowing the property owner 20 days to abate.  Motion carried unanimously.                                                   (6)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt Resolution No. 6280, setting a public hearing date of April 3, 2001, for the unsafe structure at 433 Illinois Street.  Motion carried unanimously.                                                                        (7)                   

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt Resolution No. 6281, setting a public hearing date of April 3, 2001, for the unsafe structure at 333 Minnesota Street.  Motion carried unanimously.                                                                  (8)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to concur with the Planning Commission recommendations to adopt the findings of fact and approve the UPR (UPR-10-09-00) to construct a 120’ monopole tower structure for Sprint PCS on property located at 2300 West 31^st Street, subject to the following conditions:

1.                  Execution of a Site Plan Performance Agreement;

2.                  Execution of an Access Agreement to be recorded with the Register of deeds Office a minimum of 25’ wide across the subject property to the enclosure area and necessary equipment;

3.                  Provision of a Revised Site Plan to include the recorded reference for the Cross Access;

4.                  Provision of a Revised Site Plan to include a note which states “Any tower that is not in use for a period of three (3) years or more shall be removed by the owner at the owner’s expense.  Failure to remove the tower pursuant to non-use may result in removal and assessment of cost to the property pursuant to K.S.A. 12-6a17.  “As noted per Section 20-14B03 (c);

5.                  Provision of a Revised Site Plan to include a note which states “The owner/operator shall submit a letter to the Planning Office by July 1 of each year listing the current users and types of antenna located on the approved tower.  A sign shall be posted on the tower or the exterior fence around the base of the tower noting the name and telephone number of tower owner and operator, as noted per Section 20-14B03(d); and,

6.                  The tower be constructed to accommodate an additional 30’ extension in the future, to allow for co-location.

Motion carried unanimously.                                                                                               (9)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request to rezone (Z-12-57-00) approximately 1.16 acres from C-4 (General Commercial District) to C-5 (Limited Commercial District), property located on the east side of Silicon Ave., at Crosswinds Court; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                                                     (10)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request to rezone (Z-10-43-00) approximately 22,113 sq. ft. from M-2 (General Industrial District) to RO-2 (Residence-Office District), property located on the east side of the 600 block of Rhode Island; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                                                                        (11)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request to rezone (Z-10-44-00) approximately 12.54 acres from A (Agricultural District) and I-3 (Heavy Industrial District) to RS-1 (Single-Family Residence District), property located north of and adjacent to Oak Hill Cemetery; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                          (12)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request to rezone (Z-11-49-00) approximately 19.07 acres from A (Agricultural District) to RS-1 (Single-Family Residence District), property located east of Wakarusa Drive (extended), west of Free State High School; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                          (13)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request to rezone (Z-12-53-00) approximately 3.5 acres from POD-2 (Planned Office District) to PRD-2 (Planned Residential Development), property located northeast of the intersection of Folks Road and Overland Drive, north of Heritage Baptist Church; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                               (14)

As part of the consent agenda, it was moved Hodges, seconded by Kennedy to concur with the Planning Commission’s recommendation to approve a Preliminary Development Plan (PDP-12-19-00) for Briarwood Cottages, a proposed planned residential development located northeast of intersection of Folks Road and Overland Drive, north of Heritage Baptist Church, subject to the following conditions:

            1.         Revise the preliminary development plan to include the following items:

a.                  Revise Building/Parking Summary – 1.5 spaces required per unit;

b.                  Revise General Note #7

2.         Submit public improvement plans for the proposed 8” sanitary sewer main on the east side of the site prior to issuance of a building permit;

3.         Revision of the Preliminary and Final Development Plans for Briarwood Planned Residential Development to include the pool and clubhouse as shown on the Briarwood Cottages Planned Residential Development.  Provision of a note that construction of the pool and clubhouse will coincide with construction of Briarwood Cottages;

4.         Provision of a note on the face of the preliminary development plan that a new Deerfield School bus stop will be identified and used on Folks Road, approximately 500’ north of Briarwood Drive prior to issuance of building permits for the site;

5.                  Provision of a letter from USD 497 stating that the bus stop relocation is approved;

6.         Grading changes must be reviewed and approved by the City Stormwater Engineer prior to submittal of a final development plant; and,

7.         Provide an increased radius on the southeast corner of the intersection of Folks Road and Briarwood Drive subject to review and approval by the City Engineer.

Motion carried unanimously.                                                                                                                     (15)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to concur with the Planning Commission’s recommendations to approve the annexation (A-12-19-00) request of approximately 10.438 acres generally located on Research Park Drive, north of Legends Drive; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                                                                 (16)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-12-54-00) of approximately 10.438 acres from A (Agricultural District) to M-1 (Research Industrial District), property generally located on Research Park Drive, north of Legends Drive; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                                                                        (17)

Natalya Lowther, a property owner, north of North Street, asked the City Commission to defer the annexation and rezoning of the area to be known as Bismark Gardens.  A condition on the Preliminary Plat approved by the Planning Commission required this development not take place until North Street was improved.  It was her understanding, it would be a while before North Street was improved.  She expressed a concern about storm water drainage in the area.  She presented pictures of water in the area in 1998 and 1999.  Lowther used her property as a sheep pasture and water ponding in this area was detrimental to her business.   Lowther requested the annexation and rezoning request for Bismark Gardens be deferred until the entire area was studied.  New development such as Bismark Gardens would add additional water flow to the Maple Grove Tributary and Clark’s Pond causing flooding which would add more problems for her property.  Lowther suggested there was time to review the whole picture because of the requirements to improve North Street.

Jane Eldridge, representing the applicant, said the annexation and rezoning were conditioned upon approval of the Preliminary Plat.  The Plat was approved and the drainage problems were addressed on the Plat.  The eight (8) large single family lots was part of the design features impacting the drainage problem.

Lowther said she met with Chad Voight, Storm water Engineer, and he has expressed concerns after viewing the photographs. He was not aware of the use of her property for gricultural purposes.  She requested the City Commission take more time in making a decision.

Marci Francisco, 946 Ohio, expressed a concern about rezoning floodplain for residential uses.  By raising these properties, additional water would be generated and she thought it was important to know where that water was going.  She asked the City Commission to think carefully before rezoning floodplain.

Rundle asked if the condition on the Preliminary Plat would limit timing of the development in this area.

Linda Finger, Planning Director, said staff was referring this issue to the Planning Commission under old business at the next Planning Commission Meeting.  Staff was requesting the Planning Commission to interpret what they meant by improvements to North Street before development could occur.

Rundle asked the status of the North of North Street Plan.

Finger said the plan was completed and being reviewed.  There were several significant policy issues that she was attempting to resolve.

Rundle expressed concern about annexing and rezoning this property because of the potential problems.  He thought the City Commission should be careful in adding to storm water problems.

Dunfield asked what was done to address the storm drainage issue.

Finger said the applicant increased the size of the lots and dedicated a large drainage easement as part of the project.  The Plat met all current rules and regulations of the City.  The lot size was recorded as a condition on the Plat.               

Hodges asked if the development meant the applicable codes.

Finger said “yes.”

Rundle asked when development would occur.

Eldridge said the applicant hoped to have clarification of what the Planning Commission meant by improvements to North Street at the Planning Commission’s meeting this month.  That would determine the timeframe for development.

Rundle said he was not comfortable with this request and did not see a rush to make a decision without clarification from the Planning Commission on the North Street issue.

Dunfield suggested deferring the annexation and rezoning until the Planning Commission interpreted their wording on improvements to North Street. That would allow the City more time to look at the storm water issues.

Moved by Rundle, seconded by Dunfield, to defer the annexation (A-1-2-2000) and rezoning (Z-1-4-2000) of the area generally known as Bismark Gardens until the Planning Commission interprets their position on North Street.  Motion carried unanimously.                  (18)  

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for Rose Webb, 631 Mississippi Street.  Motion carried unanimously.                                                                                                         (19)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to concur with the Traffic Safety Commission’s recommendation to deny the request to establish “no parking” along the north side of 21^st Terrace between Maple Lane and Silicon Avenue; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                             (20)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to concur with the Traffic Safety Commission’s recommendation to establish “no parking” along the south side of 12^th Street between Haskell Avenue and Brook Street; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                (21)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to concur with the Traffic Safety Commission’s recommendation to deny the request to establish “no parking” along one side of Wimbledon Drive between Inverness Drive and Rodeo Drive; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                         (22)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to concur with the Traffic Safety Commission’s recommendation that effective June 1, 2001, all traffic entering the Chi Omega Fountain circle be required to “yield” in compliance with the City Code provision for traffic control at roundabouts; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                      (23)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to authorize the City Manager to execute a contract with LSA Associates, Inc., to assist staff in the update of Transportation 2020, the long-range transportation plan, in the amount of $61,540.00.  Motion carried unanimously.                                                                                                          (24)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to receive the Public Involvement Process for Transportation Planning and Public Involvement Guidelines for the Lawrence Transit System, both relating to the public involvement process in transportation planning and authorize the Mayor to sign the appropriate documents.  Motion carried unanimously.                                                                                                                    (25) 

            David Corliss, Assistant City Manager, presented Ordinance No. 7323 amending sections of the City Zoning Code establishing the family definition to reflect no more than three (3) unrelated persons and Ordinance No. 7324 requiring the registration of non-conforming uses created by Ordinance No. 7323.

            Deborah Snyder, 1909 Maine, commended the City Commission on reaching a compromise on this issue.  This was one part of a whole process to assist neighborhoods.  The next important part would be licensing of these residential units and amortization of non-conforming uses. Snyder said the licensing fee was appropriate and affordable.  These two (2) Ordinances could not work without inspection, licensing and amortization of non-conforming uses.     

            Marci Francisco, 946 Ohio, Oread Neighborhood Association, agreed with the number three (3) for unrelated persons in single-family residential homes.  She requested the word “marriage” be removed from the description of “family.”  She suggested the description include some recognition of domestic partnerships.  By the use of “marriage”, the Ordinance was allowing for additional people based upon that classification.  Francisco thought by definition, people with domestic partners would be treated differently. 

            Serena Herd presented a list of words that the Journal World was not able to use in ads because of Federal Law.  The included words like no students, number of children, number of persons, two (2) people, and mature couple.  Landlords faced significant problems in attempting to identify the relationship of people within their units.  When the initial law was passed, no more than four (4) people of unrelated birth could live in a single-family unit, the City was hopeful the growing pains in the neighborhood would be alleviated. She said they were not.  Herd said a further reduction of numbers was not dealing with the problem of inconsiderate neighbors.  Only direct punishment of offenders would have successful results.  Preventing so called unrelated people from living together in family zoned neighborhoods was like outlawing marriage to protect women because several men in the community beat their wives.  The problem was not with numbers, but with the character of the tenants.

            Mark Lehman spoke in support of Ordinance No. 7323, establishing the number of unrelated individuals at three (3).  He expressed a concern about Ordinance No. 7324, which he thought needed additional study.  He recommended a study session of the City Commission or a Task Force to review Ordinance No. 7324.

            Ben Walker, University of Kansas, Student Body President, said they favored no change in the number of unrelated individuals.  However, he appreciated the City Commission’s willingness to compromise.  Walker recommended an effective date of September 2001 for the Ordinance because that was when most leases were effective.  That would allow students currently seeking housing, time to adjust to the new Ordinance.

            Rundle asked about the effective date.

            Corliss said it was anticipated the effective date would be March 1, 2001.  He did not think the effective date would affect students in their current housing situations.  The Ordinance would require a registration of non-conforming uses which would protect students living in their current situations. 

            Hodges asked about using “marriage” in the definition. 

            Corliss said after considerable research, staff was comfortable with using the proposed definition.  There was substantial support for this type of Ordinance and the definition in court cases.  When you want to change a commonly used definition and define it in a way that has not been traditionally defined, potential challenges could emerge.

            Rundle asked if the word “marriage” gave an advantage to people in that category as opposed to people in domestic partnerships. 

            Corliss said three (3) people living together was acceptable under the new Ordinance.  More than three would have to fit into the definition of “family” or fall into the exceptions.

            Dunfield said the definition that was previously used should not be removed from the Ordinance.  It was an acceptable legal definition and should continue to be part of the Ordinance.  He thought raising the number from two (2) to three (3) was sufficient to deal with the question of domestic partners for now.  Dunfield wanted to continue to search for a better definition.

            Kennedy asked if staff was ready for enforcement.

            Mike Wildgen, City Manager, said that an additional inspector was recently hired.  That person could assist in enforcement.  The plan was to continue to do enforcement on a complaint basis.  It would be a challenge, but staff was committed to enforcing the Ordinance. 

            Moved by Kennedy, seconded by Rundle, to place on first reading Ordinance No. 7323, amending sections of the City Zoning Code to establish the family definition to reflect no more than three (3) unrelated persons.  Motion carried unanimously.                                                 (26)

            Hodges said to effectively enforce Ordinance No. 7323, the City needed a data base as required by the registration of non-conforming uses.

            Moved by Hodges, seconded by Dunfield, to place on first reading Ordinance No. 7324, requiring the registration of non-conforming uses created by Ordinance No. 7323.  Motion carried unanimously.                                                                                                                    (27)

            Debbie Van Saun, Assistant City Manager, presented the staff report on several issues concerning the airport.  She introduced representatives from Black and Veatch to discuss the Airport Wastewater Collection System Study.

            Steve Phillips, Black and Veatch, presented the summary report.  The basis for this review was based upon growth at the airport.  The report reviewed five (5) Alternative Treatment Systems which included contained wetland, mechanical package plant, pumping station and force main, conventional wetlands and a lagoon.  The initial screening process eliminated the conventional wetland and lagoon options because FAA did not recommend that type of use for airport property and too much land was required for the treatment process.  The study then focused on contained wetland, mechanical package plan and pumping station and force main. 

            A representative from Black and Veatch reviewed the various operating procedures of the different alternatives.  Based upon the review, the most cost effective system was the pumping station and force main.  Excluding cost, the contained wetland was acceptable because it was environmentally friendly, provided some flexibility, and was new and exciting technology. 

            Rundle asked if electricity was included in review of all of the options. 

            Phillips said “yes”.  The same cost factors were used for all three (3) alternatives.  The operating cost for electricity was greater for the contained wetland because of the pumps and motors required for that operation.

            Rundle asked if there were any cost advantages on the operations of the different alternatives.

            Phillips said the least expensive was the pump station, the other two (2) alternatives were more expensive because the need for additional staff monitoring the contained wetland and packaged plant.  Additional staff would be needed to review the conditions within the wetland and other things like removal of sludge.

            Rundle asked if the current usage of 1,000 gallons a day was a realistic figure.

            Phillips said based upon their review, it was a close estimate. 

Rundle asked if airport technological kinds of development took place at the airport, would that produce smaller flows.

Phillips said they discussed the type of development wanted by the Airport Advisory Board and City Staff.  The proposal reflected the type of development seen by those groups.

Dunfield asked if 120,000 gallons would have an impact on the Wastewater Treatment Plant.

Phillips said there was a reserve built in to the current expansion project.  The maximum flows from this project would have a minimal impact on that reserve.

Hodges asked if this the airport did not develop as projected, could this line provide additional service for other areas.

Phillips said two (2) things could happen to increase capacity on this line.  One (1) would be to flow by gravity back to the lift station and the other would be to provide service into the existing pressurized pipe.  The latter was not necessarily the best alternative, but has been done.

Larry Kipp, Friends of Douglas County, spoke in support of the Contained Wetland Project and its advantages.  Construction of a contained wetland would increase overall treatment capacity for the community.  It would not add to the capacity of the existing Wastewater Treatment Facility.  He estimated the cost of additional expansion to the treatment facility for this project could cost close to $400,000.00 which was not figured into the Cost Benefit Analysis.  Kipp also had a problem with the potential for odor because the airport was a gateway to the community.  The construction of a contained wetland would be a destination point in itself and an education tool.  Sludge disposal could take place on adjacent ground including the sod form.  The sludge could be a filler material from the soil taken with the sod.  Kipp could see no compelling reason to pick the pump station over the contained wetland.  Over the long-run, the contained wetland would have more advantages especially in adding capacity and reducing odor problems.

Rick Bryant, Aviation Advisory Board, said it may be a good idea to step back and not rush into this decision.  The current septic system could meet limited additional growth at the airport.  Bryant suggested parking at the airport may have a higher priority at this time than the Wastewater Collection System.

Van Saun said the Health Department has reported the current septic systems were functional.  The Health Department was concerned about too many septic systems in this area.  She suggested Black and Veatch be authorized to have a rate study on the impact of this project.  Upon review of the alternatives, the City Commission knew at least one (1) of the options could be completed within a  relatively short timeframe.

Rundle asked if the increase in traffic was addressed by the Airport Master Plan. 

Van Saun said the Platting process identified additional parking areas.

Dunfield suggested staff apply for a permit for the contained wetlands in order to reduce the timing concerns on that alternative.

Rundle expressed a concern about low flow problems and the odor caused by low flow in the conventional pumping system.  He also expressed a concern about additional septic systems to the area.  Rundle thought the City Commission should take an aggressive overall approach to solving this problem.  He supported the contained wetland.

Moved by Dunfield, seconded by Henry, to refer the Wastewater Collection System Study back to Black and Veatch to review a Startup Modular System for a contained wetland to handle less than anticipated flows, to conduct a rate study on the impact of the cost, and to begin the permitting process with the Kansas Department of Health and Environment for the contained wetland alternative.  Motion carried unanimously.                                                                   (28)

Van Saun presented a statement of support from the Airport Advisory Board concerning planned development of the airport and related interests of the Kansas Department of Transportation and the Union Pacific Railroad.  At their January meeting, the Advisory Board developed a statement of support that identified the relationship of KDOT’s and UPRR’s interest in the expansion and development plans for the airport.  This was a statement on the Advisory Board’s vision for development in the region and its impact on the airport.

Moved by Rundle, seconded by Hodges, to receive the Airport Regional Development Policy Statement as developed by the Airport Advisory Board.  Motion carried unanimously.  (29)

            Van Saun presented the status of several Capital Improvement Projects at the airport.  Staff and the Airport Advisory Board continued to work with the FAA to proceed with the various projects.  All projects appear to be progressing well.                                                                  (30)

            Hodges said signage at the airport was not existent.  He suggested staff look at better signage for the facility.

            Van Saun presented a request from Stuber for a rental rebate for the land on which his hangar was located at the Municipal Airport. The Aviation Advisory Board discussed this at a recent meeting and recommended a rebate was in order.  The current annual rent for the land was $960.00.  In addition to recommending a rebate, one Airport Board Member suggested a simple $1.00 a year rent for the remainder of the rebate period.  He thought this would remedy the questions concerning rebate, simplify the process, and comply with FAA Guidelines.

            Rundle asked why the clause was originally placed in the Lease Agreement.

            Al Stuber, owner, said his initial request was for leasing the land for $1.00 a year.  He suggested this amount because of the positive impact the hangar would have on the airport.  In addition to his lease payments, he pays over $4,000.00 a year in taxes.  Stuber presented the impact the various meetings conducted at his hangar had on the economy of the area.  He also rented office space to Apex Electric which currently employed nineteen (19) people.  Stuber presented guidelines by which the City could grant rebates on his lease and based upon those guidelines recommended a 100% rebate.

            Rundle asked if the meetings conducted at the hangar were for hobbyist or business purposes.  Stuber said these people were interested in experimental aircraft.

            Henry asked if there was a real fly-in proposed by any of these groups.

            Stuber said other than the Pulsar Group, there were none and the Pulsar was not a formal fly-in at this time.                           

            Rundle asked if there were any aviation related tenants.

            Stuber said the Electrical Contractor was a pilot and was in the process of buying a plane.

            Rundle asked how much rent did Stuber collect in a year.

            Stuber said he would not want to answer that question in a public forum.

            Dunfield said there appeared to be some economic activity as a result of this lease.  He thought the review process was ill conceived and suggested a $959.00 rebate and amending the lease to allow for a $1.00 payment for the remaining time of the rebate period.

            Rundle said he was uncomfortable with rebating the entire amount.  He thought the Aviation Advisory Board and the Economic Advisory Board would have taken a more pro-active stance in specifically defining the economic benefit.

            Moved by Dunfield, seconded by Kennedy, to grant a $959.00 rebate to Stuber on his land lease at property at the Municipal Airport and to amend the existing lease to a simple $1.00 per year rent for the remainder of the rebate period.  Aye:  Henry, Hodges, Dunfield and Kennedy.  Nay:  Rundle.  Motion carried.  Student Representatives: Aye.                                      (31)

            Van Saun presented a request by Life Star Helicopter to locate operations at the Municipal Airport.  The initial operation would be seven (7) days a week for twelve (12) hours per day.  Modifications would be needed for the hangar to include office space and the creation of a helicopter pad adjacent to the hangar.  Van Saun asked for direction to staff on whether to move forward with this request.

            Moved by Rundle, seconded by Kennedy, to direct staff to proceed with working with Life Flight Helicopter for operations at the Municipal Airport.  Motion carried unanimously.     (32)

            Julie Wyatt, Environmental Inspector, presented a status report on the property at 1201 East 13^th Street.  The property was declared to be unsafe and dangerous by the City Commission on August 8, 2000.  The property owner began some repairs by digging out the existing foundation and rebuilding it.  The exterior of the property remained in a blighted state with an open excavation.  Neighbor’s have called numerous times voicing complaints.  The most common complaint was the lack of progress with the project.

            Schuyler Lister, owner of the property, requested additional time to make the necessary repairs.  He said the basic structure was sound.

            Dunfield said it appeared the fence around the foundation excavation was not in place.

            Lister said he would get the fence up immediately and secure the area.

            Dunfield asked if there was a General Contractor involved with the project. 

            Lister said he was the General Contractor.

            Kennedy asked the status of his building permit.

            Lister said he had a building permit, but it expired.  Poor weather and inability to find help were the reasons for delay.

            Hodges asked what the eventual use of the structure would be.

            Lister said he was planning to sell or rent the property, depending upon the investment he had to make to rehabilitate the structure.  He wanted to proceed with the renovation because he has a lot of time and money in it to date.

            Rundle suggested requiring the foundation work to be done in two (2) to three (3) weeks and securing the building immediately.

            Kennedy wanted the foundation done within thirty (30) days.

            Susan Miller, Brook Creek Neighborhood Association, said Lister owned the property for over two (2) years and it has gone downhill since that time.  It was an eye sore for the neighborhood and a negative impression for the City.

            Beth Anne Mansur, 1217 Prospect Avenue, wanted to see the house remain as a single-family residence.  She wanted it cleaned up. 

            Moved by Kennedy, seconded by Rundle, to allow the property owner of 1201 East 13^th Street thirty (30) days to complete the foundation work with securing the area immediately.  Motion carried unanimously.                                                                                                         (33)

            The City Commission concurred to direct staff to report on the zoning status of this parcel.

            Rundle requested staff research other strategies and alternatives for dealing with blighted property.  He asked staff to look at what other communities were doing to remedy these situations including the possibility of court action.

            David Woosley, Traffic Engineer, presented the staff report on the recommendation from  the Traffic Safety Commission to install a partial diverter on north leg of Schwartz Road at 6^th Street. The Traffic Safety Commission recommended this as a temporary traffic calming device for ninety (90) days.  The diverter would be constructed half way across Schwartz Road along 6^th Street and would allow south bound vehicles to exit Schwartz Road onto 6^th Street, but would not allow vehicles to enter Schwartz Road northbound from 6^th Street.

            Hodges asked if the Traffic Safety Commission considered full blockage with creation of a cul-de-sac.

            Woosley said the Traffic Safety Commission did not discuss that as an alternative.

            Alan Smith commended staff for working with the neighborhood to come up with a workable solution to their problem.

            Hodges supported closing the street and building a cul-de-sac.

            Rundle asked if there were any concerns about the partial closing of the street.

            Woosley said this was an effective tool for traffic calming in other communities.  He said the immediate drawback was the temporary nature of the diverter.  If the test was successful, a more permanent diverter would be designed for the area.

            Moved by Kennedy, seconded by Dunfield, to concur with the Traffic Safety Commissions recommendation to install a partial diverter on the north leg of Schwartz Road at 6^th Street as a temporary traffic calming device for ninety (90) days.  Motion carried unanimously.

                                                                                                                                                      (34)      

            Moved by Kennedy, seconded by Rundle, to extend the meeting for thirty (30) minutes.  Motion carried unanimously.

            David Woosley, Traffic Engineer, presented the Traffic Safety Commission’s recommendation on crossing guard reassignments at Pickney School from 6^th and Mississippi to 5^th and Maine; and, at Kennedy School, from 19^th and Maple Lane to 19^th and Harper.  These recommendations were based upon the warrants developed by the City Commission.

            Janet Kroeg, 316 Pleasant, a crossing guard at 6^th and Mississippi, had a concern about safety at that crossing if she was moved.  She explained the various traffic patterns that cause problems for children crossing at that location.  At 6^th and Mississippi there was a stop sign to assist children in crossing.

            Betsey Clark and Timothy Clark, 624 Louisiana, requested the crossing guard at 6^th and Mississippi be retained.  There were serious safety issues for kids crossing in this area.

            Hodges said in this particular situation the numbers do not support the actual situation.

            Henry suggested retaining the crossing guard at 6^th and Mississippi and adding at guard at 5^th and Maine.

            Rundle asked staff for a report on using no left turns during rush hours at this type of location.

            Moved by Henry, seconded by Hodges, to retain the crossing guard at 6^th and Mississippi; add an additional crossing guard at 5^th and Maine; and, at Kennedy School, reassign crossing guard from 19^th and Maple Lane to 19^th and Harper.  Motion carried unanimously.    (35)

            Mike Wildgen, City Manager, presented the contract with TranSystems for a Feasibility Study of 31^st Street in the amount of $95,000.00. 

            A representative from TranSystems said the Feasibility Study Phase would gather basic information to look at short-term improvements that could be done to the existing roadway to improve traffic operations.  If the City and County determined that there were viable options for the roadway, the study would then proceed to the Conceptual Design Phase.  That phase would include a more detailed analysis including traffic volume projections, public involvement and more detailed environmental investigations.

            Henry expressed a concern about no public involvement in the first phase.

            The consultant said this phase was primarily data collection and looking at possible alternatives.  Once those were developed, the public would have opportunity to comment on the various alternatives.  The goal of the Feasibility Study was to review Comprehensive Plans, other plans and reports and collect technical data for the project.

            Rundle asked if only traffic engineers were going to be involved with this project.

            The consultant said Urban Planners were also involved with this project to take a more comprehensive view of the area.  It was important to define the relationship between 23^rd Street and 31^st Street as well as other collectors and neighborhood streets.

            Kennedy thought the study was needed in order to tell the City what they currently had out on 31^st Street.

            Moved by Rundle, seconded by Kennedy, to extend the meeting for fifteen (15) minutes.  Motion carried unanimously.

            Michael York, Haskell Indian Nation University Student, said traffic on 23^rd Street was horrendous and something needed to be done to resolve that problem.  He supported the study of 31^st Street. 

            Moved by Kennedy, seconded by Hodges, to authorize the City Manager to execute a contract with TranSystems Corporation for a Feasibility Study of 31^st Street in the amount of $95,000.00 conditioned upon Douglas County Commission Approval.  Motion carried unanimously.                                                                                                                                        (36)

            Dunfield suggested the consultant look at the relationship of this project with the Louisiana Street Traffic Calming Study and consider cyclists in the development of the alternatives.

            David Corliss, Assistant City Manager, presented the report on proposals for the towing services contract with the City.  Three (3) proposals were received.  They were from Hill Crest Wrecker, TransMasters and Quality Tow Service.  Quality was not considered eligible for the contract because they were not able to comply with the terms of a previous contract awarded to them.  Based upon the evaluation of the two (2) remaining proposals, the Police Department recommended HillCrest Wrecker for the contract.

            Moved Rundle, seconded by Kennedy, to concur with recommendation from the Police Department and authorize the City Manager to execute and agreement with Hill Crest Wrecking for the City Towing Contract.  Motion carried unanimously.                                                    (37)

            David Corliss, Assistant City Manager, saidthe property owners in the proposed benefit district for the improvement of Crossgate, from 27^th Street to 24^th Street had agreed upon an appropriate allocation of cost for the project.  He was in the process of drafting a petition to be signed by the property owners.  The next step would be to have the City Commission adopt a Resolution authorizing the formation of the benefit district.

            Moved by Kennedy, seconded by Dunfield, to direct staff to proceed with the formation of a benefit district for the improvement of Crossgate from 27^th Street to 24^th Place.  Motion carried unanimously.                                                                                                                    (38)   

            Mayor Henry informed the City Commission on the status of the Mayors Task Force on the City’s Tax Abatement Policy.  He anticipated appointing thirteen (13) people to the Task Force at the February 20, 2001 meeting.  The first meeting would likely be at Saur Danfoss. 

            Rundle suggested a more central meeting location.

            The City Commission concurred to direct staff to prepare a letter from the Mayor in support of House Bill 2245 which would encourage alternate energy sources.

            Kennedy asked for an update on the newspaper stands Downtown.

            Mike Wildgen, City Manager, said staff was preparing an Ordinance for the City Commission.

            Moved by Hodges, seconded by Kennedy, to adjourn at 10:40 p.m.   Motion carried unanimously.                                                                 

 

APPROVED:

                                                                        _____________________________

James R. Henry, Mayor

ATTEST:

 

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING FEBRUARY 13, 2001

1.                  Ordinance No. 7331 – 1^st Reading, IRB, DST Realty, not to exceed $9,000,000 

2.                  Ordinance No. 7327 – 2^nd Reading, Pretreatment regs for sanitary sewer utility, Amend 19-6, City Code

3.                  Ordinance No. 7328 – 2^nd Reading, Rezone [Z-10-47-00] 3.205 acres, RS-2 to PRD-2, Delaware Commons.

4.                  Ordinance No. 7329 – 2^nd Reading, Main Traffic-way, Louisiana from 17^th S to City boundaries.

5.                  Ordinance No. 7330, 2^nd Reading, Annex, 50.759, W & N of intersection of Kasold & W 31^st.

6.                  Resolution No. 6279, Blight, 433 Illinois

7.                  Resolution No. 6280, Set public hearing, April 3, 2001, unsafe/dangerous structure, 433 Illinois.

8.                  Resolution No. 6281, Set public hearing, April 3, 2001, unsafe/dangerous structure, 333 Minnesota.

9.                  UPR -UPR-10-09-00)20’ Monopole tower structure, Sprint PCS, 2300 W 31^st.

10.              Rezone – (Z-12-57-00) 1.16 acres, C-4 to C-5, E side of Silicon Ave at Crosswinds Ct.

11.              Rezone – (Z-10-43-00)  22,113 sq. ft., M-2 to RO-2, E side of 600 Blk of Rhode Island.

12.              Rezone - (Z-10-44-00) 12.54 acres, A & I-3 to RS-1, N & adjacent to Oak Hill Cemetery.

13.              Rezone – (Z-11-49-00) 19.07 acres, A to RS-1, E of Wakarusa (extended), W of Free State H.S.

14.              Rezone – (Z-12-53-00) 3.5 acres, POD-2 to PRD-2, NE of intersection of Folks & Overland, N of Heritage  Baptist Church.

15.              PDP – (PDP-12-19-00) Briarwood Cottages, NE of intersection of Folks & Overland, N of Heritage Baptist Church.

16.              Annex – (A-12-19-00) 10.438, Research Park Dr, N of Legends.

17.              Rezone – (Z-12-54-00) 10.438 acres, A to M-1, Research Park Dr, N of Legends.

18.              Annex (A-1-2-2000) & Rezone (Z-1-4-2000) Defer,  Bismark Gardens.

19.              Mortgage Release – 631 Mississippi, Rose Webb.

20.              TSC – Deny “no parking” N side of 21^st Terr between Maple Ln & Silicon Ave.

21.              TSC – Establish “no parking” S side of 12^th between Haskell & Brook.

22.               TSC – Deny “no parking” one side of Wimbledon between Inverness & Rodeo Dr.

23.              TSC – Effective June 1, 2001, Entering Chi Omega Fountain Circle must “yield.”

24.              Transportation - LSA Assoc for $561,540 for long-range planning, Transportation 2020.

25.              Transportation - Lawrence Transit System – Public Involvement Process for Transportation Planning

26.              Ordinance No. 7323, 1^st Reading, Family definition to reflect no more than 3 unrelated persons in Single Family Districts.

27.              Ordinance No. 7324, 1^st Reading, Register of non-conforming uses created by Ordinance No. 7323.

28.              Airport – Wastewater Collection Systems refer back to Black & Veatch for rate study & begin process with KDHE for contained wetland alternative.

29.              Airport – Airport Regional Development Policy Statement.

30.              Airport – Capital Improvement Projects.

31.              Airport – rebate to Stuber for $959 for land lease at Municipal Airport.

32.              Airport – Life Flight Helicopter, locate operations at Municipal Airport.

33.              Unsafe & Dangerous Structure – 1201 E 13^th, give property owner 30 days to complete foundation work.

34.              TSC – Install partial diverter at N leg of Schwartz Rd at 6^th for temporary traffic calming.

35.              Crossing Guards – retain guard at 6^th & Miss, add guard at 5^th & Maine & reassign guard from 19^th & Maple to 19^th & Harper.   

36.              Feasibility Study – 31^st with TranSystems Corp for $95,000.

37.              Tow Service – Hill Crest Wrecking for Police Dept.

38.              Benefit District – formation for improvement of Crossgate, 24^th St. to 24^th Pl.